State v. Shears

Citations

• 119 Wash. 275
• 205 P. 417
• 1922 Wash. LEXIS 780

Syllabus

<p>Habeas Corpus (24) — Discharge—Bar. A discharge on habeas corpus of one extradited and brought to this state upon a complaint before a justice of the peace, on the ground that the complaint was unfounded, that no crime had been committed, and that the extradition was irregular and1 illegal, is not a bar to a prosecution for the same crime, under an amended information filed by the prosecuting attorney.</p> <p>Indictment and Information (16) — Preliminary Proceedings. A preliminary hearing before a justice of the peace, of one charged with a felony, is not necessary to the filing of an information.</p> <p>Embezzlement (5) — Defenses—Reparation. In a prosecution for larceny by embezzlement by an agent of insurance companies, an offer of reparation by return of the money stolen is no defense, there being no question of defendant’s good faith in his dealings.</p> <p>Indictment and Information (72)- — Duplicity—Continuing Offenses. An information charging that an agent of insurance companies at divers times and continuously between January 1, 1917, and September 22, 1918, had custody and control as such agent of $3,500, which he feloniously withheld and appropriated to his own use, does not charge a multiplicity of crimes.</p> <p>Embezzlement (14) — Evidence—Admissibility. In a prosecution of an insurance agent for embezzlement, evidence of transactions on behalf of two companies is admissible where it was alleged that he was agent of the two companies, doing business under the name of Philadelphia Underwriters.</p>