State v. Phillips

Citations

• 65 Wash. 324
• 118 P. 43
• 1911 Wash. LEXIS 923

Syllabus

<p>Appeal — Review—Harmless Error. The exclusion of evidence is harmless, where it was admitted later, or where its subsequent admission was error favorable to the appellant.</p> <p>Jury — Quacipication op Juror — New Trial — Prejudice. It is not ground for a new trial in a criminal case that a challenge to a juror was sustained, on evidence as to his citizenship which left the matter in doubt, where no prejudice was shown and a fair and impartial jury was secured.</p> <p>Indictment and Inpormation — Amendment—Waiver op Objection — Appeal—Harmless Error. It is not prejudicial error that, after a trial for murder in the first degree, the information was amended to charge murder in the second degree without leave of court or entering a nolle prosequi of the first information, where the accused pleaded not guilty to the amended information without demurring, and first objected on the introduction of the evidence.</p> <p>Homicide — Trial—Instructions. On a trial for murder in the second degree, where the accused had shot and killed the deceased, claiming to act in self-defense, he was guilty of second degree murder or manslaughter, or not at all, and it was not error to refuse to instruct the jury as to the lesser offenses of assaults in various degrees.</p>