State v. Seifert

Citations

• 65 Wash. 596
• 118 P. 746
• 1911 Wash. LEXIS 980

Syllabus

<p>Homicide —■ Indictment and Information —■ Sufficiency — Negation of Defenses — Necessity. Under Rem. & Bal. Code, § 2392, defining murder in the first degree as the killing of a human being, “unless it is excusable or justifiable,” with a premeditated design, etc., it is not necessary that the indictment or information negative that the killing was without excuse or justification; at least, not further than to allege that the killing was “wilfully, unlawfully, feloniously and with a premeditated design;” in view of Id., §§ 2055, 2057, 2064-2066, defining the requisites of indictments and informations and declaring the effect of informal defects that do not affect the substantial rights of the defendant; since the exception is not incorporated as an inseparable part of the offense and the state is not required to anticipate defenses.</p>