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· 12/27/1911

State v. Rackich

Citations

  • 66 Wash. 390
  • 119 P. 843
  • 1911 Wash. LEXIS 1081

Syllabus

<p>Evidence — Hearsay — Parentage — Indians — Sale of Liquor. Upon, a prosecution for selling liquor to an Indian of the half blood, the Indian is competent to testify as to his parentage, even though his parents are living.</p> <p>Continuance — Discretion. In a prosecution for selling liquor to an Indian, it is not an abuse of discretion, after the Indian had testified as to his parentage and that his parents were living, to refuse a continuance until the parents could be called, where it does not. appear that they would testify differently.</p> <p>Criminal Law — Credibility of Witness — Indians — Sale of Liquor- — Evidence. In a prosecution for the sale of liquor to an Indian, the testimony of the Indian is not insufficient to support a verdict from the fact that he was in the employ of the government as an agent in the detection and prosecution of persons selling liquor to Indians.</p> <p>Criminal Law — Trial—Issues, Proof and Variance. In a prosecution for selling one quart of spirituous liquors to an Indian, it is not a material variance to prove the sale of one pint of such liquors.</p>

Judges: Fullerton

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