State v. Palmer

Citations

• 104 Wash. 396
• 176 P. 547
• 1918 Wash. LEXIS 1198

Syllabus

<p>Homicide (5, 6) — Manslaughter—Elements—Killing With Design — Statutes. Under Rem. Code, §§ 2392-2395, defining murder in the first degree as the killing with premeditated design to effect the death of the person killed, murder in the second degree as the killing with such design but without premeditation, and manslaughter as every other killing not excusable or justifiable, killing with a design to effect death is murder and the element of manslaughter is excluded, even if under provocation or sudden heat of passion.</p> <p>Same (118) — Trial — Instructions — Grade or Degree — Manslaughter. Under a plea of self-defense, admitting that the killing was with a design to kill, the accused is guilty of murder or not guilty and is not entitled to an instruction on the subject of manslaughter, as defined by Rem. Code, § 2395.</p> <p>Same (94, 121) — Trial—Absence of Evidence of Manslaughter. On a plea of self-defense, accused is not entitled to an instruction on the subject of manslaughter, where there was no evidence to show facts within the statutory definition of manslaughter.</p> <p>Criminal Law (316) — Trial — Instructions Already Given. Error cannot be assigned upon the refusal of requested instructions where the instructions given fairly covered the subject.</p> <p>Same (255) — Trtal—Instructions—Comment on Evidence. In a prosecution for murder, a request to instruct the jury to consider the intoxicated condition of the deceased at the time he was shot, as bearing upon the weight to be given to his dying declaration made three days later, is properly refused as a comment on the evidence.</p> <p>Homicide (46) — Evidence—Admissibility—Other Offense. In a prosecution for murder, in which the testimony necessarily showed that two persons had been shot and had subsequently died and the jury was thoroughly familiar with the fact, it is not error to refuse to strike the testimony of the killing of the second victim.</p> <p>Same (48). In a prosecution for murder, in whi