State v. O'Brien

Citations

• 66 Wash. 219
• 119 P. 609
• 1911 Wash. LEXIS 1044

Syllabus

<p>Continuance — Absence oe Witness — Diligence—Discretion. It is not an abuse of discretion to refuse a continuance in a criminal case, asked -on account of tbe absence of a witness wbo was present wben tbe case was set for trial and would probably have been present but for a wreck wbicb detained bim, where tbe ease bad been once continued on a like showing and due diligence was not shown by subpoenaing bim, and it was not made to appear reasonably certain that be would be present later.</p> <p>Appeal — Review—Harmless Error — Evidence—Pacts Otherwise Established. In a prosecution for assault, tbe exclusion of evidence of tbe character of tbe wound, taken in connection with a remark of tbe prosecuting attorney that tbe person assaulted bad since died, is not prejudicial in that tbe jury might be led to believe that death resulted from tbe assault, where tbe jury were instructed that tbe remark could be considered only to account for tbe absence of tbe party as a witness; and especially where tbe wound was described by tbe attending physician.</p> <p>Assault — Evidence—Materiality—Death of Party. In a prosecution for assault in the second degree, where the one assaulted died before the trial, it is not error to exclude evidence as to the cause of his death.</p> <p>Criminal Law — Evidence—Opinion—Reputation. In an action for assault, the quarrelsome disposition of the one assaulted cannot be shown by asking the opinion of a witness as to whether he was a peaceable man, but only by establishing his reputation.</p> <p>Appeal — Harmless Error — Trial—Rules of Court — Observance. Nonobservance of a local rule of court with respect to copies of the instructions requested is not ground for reversal.</p> <p>Appeal — Harmless Error — Trial—Instructions. Refusing requests for instructions because not made within the time required by a rule of court is not prejudicial error, where the instructions given sufficiently stated the law of the case.</p> <p>New Trial — Newly Discover