State v. Riley

Citations

• 36 Wash. 441
• 78 P. 1001
• 1904 Wash. LEXIS 574

Syllabus

<p>Criminal Law — Information—Amendment—Trial—Effect of Sustaining Demurrer to Information and Evidence — Discharge. A prisoner is not entitled, to a discharge upon the sustaining of a demurrer to an information or to the evidence, since it is the duty of the court to correct errors and allow an amendment, and a mistrial upon an insufficient amendment does not constitute jeopardy and is not a bar to another prosecution.</p> <p>Jurors — Competency—Challenge for Cause — Disqualified by Opinions. Jurors who have formed opinions regarding the guilt or innocence of the accused, which it would take evidence to remove, are disqualified, notwithstanding that they can, or believe they can, disregard such opinions and try the case according to the law and the evidence, and overruling challenges for cause to such jurors deprives the accused of a trial before a fair and impartial jury.</p>