State v. Payne

Citations

• 10 Wash. 545
• 39 P. 157
• 1895 Wash. LEXIS 24

Syllabus

<p>HOMICIDE--INFORMATION-VARIANCE--EVIDENCE--REQUIRING prosecution to produce witness — discretion of court— PRESUMPTION FROM KIDDING.</p> <p>In a prosecution upon an information charging certain defendants v> ith having killed the deceased by the use of a knife held by them, there is not a material variance when the proof shows that the knife was held and the blow struck by another person than is charged in the information, it further appearing that defendants aided and abetted such person, and that the blow was in pursuance of a conspiracy on their part to terrorize the community.</p> <p>In a prosecution for murder, wherein it is sought to show that the crime was the result of a concert of action among four persons to terrorize the community, the acts and statements of the defendant on trial and those of the others in his presence, prior to the commencement of the assault, are admissible in evidence for the purpose of placing the jury in possession of the circumstances leading up to the-assault.</p> <p>A motion requiring the. prosecution in a criminal case to call certain specified persons, who are alleged to have equal or superior knowledge of the facts with the witnesses already called by the prosecution, is a matter addressed to the discretion of the trial court, and its jailing thereon will not be disturbed unless a clear abuse of discretion is shown.</p> <p>The prosecution is not required to produce for the consideration of the jury all the evidence within its knowledge which would have a tendency to throw light upon the matter in issue, irrespective of its tendency to convict or acquit the defendant, but may confine its efforts to bringing out the facts favorable to its side.</p> <p>Where a homicide has been proven, the presumption is that it was murder in the second degree, and such presumption must be given force unless there is something in the case to rebut it.</p>