State v. Pickel

Citations

• 116 Wash. 600
• 200 P. 316

Syllabus

<p>Ceihinal Law (17, 19)—Rape (27)—Pbincipals and Accessoeies—Evidence—Sufficiency. Under Rem. Code, § 2260, declaring one who abets, encourages, or induces a crime to be a principal therein, a woman was properly convicted as principal in the crime of rape upon a girl under the statutory age of consent, where the evidence showed she introduced the man to the girl and invited him to call on her, absenting herself from home at the time of the visit until late in the evening, retiring shortly after her return, leaving the couple alone, and in the morning asking the girl if she got any money out of him; that on the night of the offense charged, at the invitation of the defendant, the man came to the house bringing another man with him about 10 p. m., the four of them remaining in a darkened room until 2 a. m. during which time the man and girl had sexual intercourse in the presence of defendant.</p> <p>Same (19)—Rape (35)—Aiding and Abetting Offense—Instbuctions. In a prosecution of a woman as principal in the rape of a girl under the age of consent, a requested instruction that the defendant was under no legal obligation to prevent, either by word or action, the having carnal knowledge of the girl by the man was properly refused, it being for the jury, under the evidence, to decide whether the defendant aided, assisted and abetted the perpetration of the offense.</p> <p>Same (451)—Appeal—Haemless Eeeoe—Conduct of Counsel. In a prosecution charging defendant with abetting and encouraging carnal intercourse with a girl under the age of consent, the misconduct of the prosecuting attorney on cross-examination in asking defendant whether she had not stayed certain nights in certain hotels with certain men was not prejudicial error, where the court sustained objections to that line of examination.</p> <p>Same (217)—Tkial—Conduct of Judge—Comments on Evidence. The remark of the court in sustaining objections to improper questions by the prosecuting attorney that they called f