State v. Power

Citations

• 24 Wash. 34
• 63 L.R.A. 902
• 63 P. 1112
• 1901 Wash. LEXIS 490

Syllabus

<p>CRIMINAL'LAW-MANSLAUGHTER-SUFFICIENCY OF INFORMATION-ALLEGATIONS SETTING UP CRIMINAL ABORTION.</p> <p>Under Bal. Code, § 7042, wbicb provides that every person who shall unlawfully kill any human being without malice, involuntarily, but in the commission of some unlawful act, shall be deemed guilty of manslaughter, an information charging manslaughter is sufficient thereunder, although it sets up facts constituting the offense of producing a miscarriage, the punishment for which is provided in Bal. Code, § 7068, when such facts are pleaded only for the purpose of charging the killing as having been done in the commission of a prohibited offense and there is no punishment provided in the statute against producing miscarriages Where death results from the commission of such acts.</p> <p>SAME-EVIDENCE-DECLARATION AS RES GESTAE.</p> <p>In a prosecution for causing death by producing a miscarriage, declarations of the deceased, while preparing to leave home, that she was in trouble and was going to another city to be treated by defendant, are admissible in evidence as verbal acts, explanatory of what she was doing and of her purpose, and as part of the res gestae of one portion of the entire transaction, when restricted by the court as competent only to explain the purpose of the deceased in leaving home, and as characterizing her act of going, and explanatory of the nature, character and object of that act.</p> <p>EVIDENCE-DYING DECLARATIONS — 1 IN EXTREMIS.</p> <p>The fact that dying declarations were made two days prior to the death of the person making them would not render the declarations inadmissible in evidence, since the rule requiring it to be shown that the declarations were made while the declarant was in extremis does not require that the declarant be actually breathing her last, when making them, but the rule is satisfied where it is shown that the declarant died in the course of the illness from which she was suffering at the time they were made, and th