State v. Shaw

Citations

• 75 Wash. 326
• 135 P. 20
• 1913 Wash. LEXIS 1717

Syllabus

<p>Criminal Law — Evidence—Character of Accused — Admissibility. In a prosecution for murder, in which the accused had not put his character in issue, it is inadmissible and prejudicial error to receive in evidence a certificate of his dishonorable discharge from the United States navy tending to show that the accused had a bad character.</p> <p>Same. Such certificate is not made admissible by reason of the fact that the accused, when pressed on cross-examination, admitted that he had been discharged for bad conduct.</p> <p>Same. Such certificate would not be admissible even if character had been put in issue, since it was a declaration of third parties out of court.</p> <p>Same — Defense—Insanity—Evidence—Admissibility. In a prosecution for murder, in which the defense was insanity, a certificate of discharge from the United States navy reciting that the accused was physically sound, is not admissible, since it was an ex parte statement not under oath, and its admission violated Const, art. 1, § 22, guaranteeing the right to meet witnesses face to face.</p> <p>Homicide — Evidence—Declarations of Deceased — Letters—Admissibility. In a prosecution for murder of accused’s wife, it is error to receive in evidence a letter from the wife to her mother written twenty-seven days before the murder, giving her ex parte statements of the trouble between them, there being in evidence no correspondence of which this letter formed a part.</p> <p>Criminal Law — Trial—Objections—General Objections to Evidence. General objections to evidence in a capital case will not be considered too indefinite, where the evidence was clearly prejudicial and incompetent for any purpose.</p> <p>Criminal Law — Insanity—Instructions—Comment on Pacts. Upon the defense of insanity in a murder case, instructions to the effect that the defense is subject to great abuse and is often resorted to where there is no other escape' from conviction, and should be carefully scrutinized to see that the facts full