State v. Quinn

Citations

• 56 Wash. 295
• 105 P. 818
• 1909 Wash. LEXIS 892

Syllabus

<p>Constitutional Daw — Rights of Accused — Criminal Law — Notice of Nature of Offense — Waiver. Constitution, art. 1, § 22, providing that tbe accused shall have the right to demand a copy of the charge against him, and Bal. Code, § 6879, providing that such copy shall be served, merely grant ‘a privilege that is waived by plea and entering upon the trial without request for the copy, service of which is not jurisdictional.</p> <p>Criminal Law — Plea of Not Guilty — Record. A plea reciting in the first division that the accused “hereby enters his plea of not guilty” and adding pleas of mental irresponsibility and insanity, shows an affirmative plea of not guilty.</p> <p>Same — Record of Plea — Presumptions. Where the accused, after overruling a deniurrer to the information, announced himself ready for trial, it will be presumed that a plea had been entered even if not shown by the record.</p> <p>Same — Plea of Insanity — Withdrawal—Effect. Laws 1907, p. 33, § 2, provides for a separate plea of insanity, “in addition to the plea or pleas” required by law, so that withdrawal of the same does not affect the trial on the other pleas.</p> <p>Homicide — Dying Declarations — Opinion Evidence. A witness may give his opinion as to whether, the deceased in making a dying declaration apparently believed that she could not live.</p> <p>Same — Admissibility op Declaration. A dying declaration is admissible where the deceased had received a mortal wound and had been informed by the attending physician that she must die, and the statement was drawn by the prosecuting attorney, read in her presence, and assented to and signed in the presence of witnesses.</p> <p>Criminal Law — Evidence—Hearsay. The statement of an officer identifying a gun and cartridges handed to him by another, who told him they belonged to the defendant, is not inadmissible as hearsay, where the other person was called and testified that the defendant gave her the gun and cartridges shortly after the shooting a