State v. Nist

Citations

• 66 Wash. 55
• 118 P. 920
• 1911 Wash. LEXIS 1011

Syllabus

<p>Criminal Law — Evidence—Dying Declarations — Declaration oe Co-conspirators. Upon a prosecution for tbe murder of a policeman, shot while attempting to arrest tbe accused and bis companion or co-conspirator, wbo was also killed in tbe melee, tbe dyingx declaration of tbe co-conspirator is not admissible in evidence, where tbe declaration was a mere narrative of past events; since it was not made during tbe existence or in furtherance of tbe conspiracy, and was hearsay.</p> <p>Appeal — Review—Harmless Error — Evidence—Curing Error — ■ Other Evidence. Tbe erroneous admission of evidence which might have affected tbe verdict will not be held harmless because tbe conviction was sustained by other evidence, unless it is clearly shown that it was nonprejudicial.</p>