State v. Pearson

Citations

• 37 Wash. 405
• 79 P. 985
• 1905 Wash. LEXIS 743

Syllabus

<p>Appeal — Dismissal—Filing of Statement and Briefs. Motions to strike the statement and briefs and to dismiss the appeal for failure to file tbe same in time will be overruled where the statement was filed witbin time properly extended and the briefs were filed within 90 days after the appeal was taken.</p> <p>Witnesses — Competency—Conviction of Perjury. A witness convicted of cattle stealing, who acknowledges upon cross-examination that he committed perjury, is not incompetent hy rea. son of Bal. Code, § 5992, providing that a person convicted of perjury shali not be a competent witness in any case.</p> <p>Criminal Law — Cattle Stealing — Testimony oe Accomplice— Corroboration — Caution to Jury — Instructions. In a prosecution for cattle stealing, where a convicted accomplice admitted to having testified in a former trial to statements contradicting his present testimony, and there was no corroborating evidence, it is reversible error to refuse to give an instruction cautioning the jury against convicting the accused upon the uncorroborated testimony of an accomplice, and stating that the jury could not so convict where the accomplice admitted to testifying differently on a former occasion.</p>