State v. Phillips

Citations

• 59 Wash. 252
• 109 P. 1047
• 1910 Wash. LEXIS 1180

Syllabus

<p>Homicide — Information—Alleging Death. An information charging that the defendant killed the deceased on a certain day, sufficiently alleges that the deceased died on that day.</p> <p>Appeal — Record—Instructions. Under Rem. & Bal. Code, §395, written instructions and requests for instructions are part of the record without being embodied in the statement of facts or bill of exceptions.</p> <p>Criminal Law — Appeal—Harmless Error. Upon a conviction of murder in the second degree, error in instructions in defining deliberation and premeditation are immaterial.</p> <p>Homicide — Instructions—Self-Defense. Instructions upon the subject of self-defense to the effect that the defendant had the right to act upon appearances and that the necessity must'be real or apparent, are not objectionable because closed with the statement that “the jury and not defendant must be judges of these matters.”</p> <p>Homicide — Self-Defense—Duty to Retreat. The duty to retreat before taking life in self-defense has no application to one against whom a felonious assault is made with a deadly weapon.</p> <p>Same — Instructions. In a prosecution for murder where the deceased had threatened the defendant and each had, armed himself with a rifle and they met and both instantly fired almost simultaneously, it is prejudicial error to give an instruction upon the common law rule relating to the duty to retreat or warn an adversary, if he had time to do so, as it had no application to the facts of the case.</p> <p>Criminal Law — Trial—Misconduct or Court. In a prosecution for homicide, it is misconduct on the part of the trial judge, requiring a new trial, to make an imputation against the good faith of counsel in taking objections or exceptions to the ruling of the court upon the admission of evidence.</p>