State v. Payne

Citations

• 6 Wash. 563
• 34 P. 317
• 1893 Wash. LEXIS 338

Syllabus

<p>APPEAL — SETTLEMENT OP BILL OP EXCEPTIONS — JURIES — MANNER OP SELECTION — EVIDENCE — PROOF OF FORMER CONVICTION — CREDIBILITY OF WITNESS — LARCENY — SUFFICIENCY OF EVIDENCE — ADMISSIONS.</p> <p>Where an appellant has filed his bill of exceptions with the judge and served the respondent with a copy within the prescribed time, to which the respondent has filed objections and suggested certain amendments, the fact that the judge does not settle and sign the bill at the designated time, but subsequently, after á considerable length of absence from the state, settles and signs the bill of exceptions without notice to the respondent, but embodying the amendments proposed by the latter, is not sufficient ground for striking the bill from the transcript.</p> <p>Under §§59, 61, Code Proc., prescribing the method of drawing a jury from the jury list certified by the county commissioners, a deputy sheriff is not authorized to act in place of the sheriff.</p> <p>The fact that a sheriff does not make a return of his doings in summoning a special venire of jurors until after the commencement of the trial, is not ground for a challenge.</p> <p>The certificate of the officers to a jury list drawn by them should state how the drawing was actually done, and not simply that it was conducted fairly and as provided by law.</p> <p>Proof that a defendant in a criminal prosecution has formerly been confined in the county jail is irrelevant.</p> <p>The only competent evidence of the former conviction of defendant in a criminal prosecution is the production of a judgment of a court of competent jurisdiction founded upon an indictment or other proper accusation.</p> <p>The former conviction of a witness for the commission of a misdemeanor cannot be proved for the purpose of affecting his credibility.</p> <p>An admission by defendant that he knew a certain larceny had been committed, was not evidence that he actually participated in the commission of the crime, and he could not be convicte