State v. Rosener

Citations

• 8 Wash. 42
• 35 P. 357
• 1894 Wash. LEXIS 8

Syllabus

<p>CRIMINAL LAW — INFORMATIONS — VERIFICATION BEFORE DEPUTY CLERK — INSTRUCTIONS — BODILY INJURY — REASONABLE DOUBT.</p> <p>Wljen an information is verified before a deputy county clerk, the verification is sufficient whether the jurat is signed by the deputy clerk in his own name as deputy or in the name of his principal by himself as deputy.</p> <p>Where the court in an instruction to the jury has correctly defined a deadly weapon as one likely to produce death or “great bodily injury,” it is not error for the court later in the same instruction to refer to such deadly weapon as one likely to produce death or “an injury” upon the complaining witness, as the omission of the words “great bodily,” in the second definition is not misleading to the jury nor contradictory of the first definition.</p> <p>An instruction defining a reasonable doubt, which is possibly open to the objection that it recognizes the right of a jury to require less positive proof of facts in cases of minor importance than in those of a graver nature, is not prejudicial, when the instruction, taken as a whole, defines such doubt as one which would make a man of common prudence pause or hesitate to act thereon.</p>