State v. Simpson

Citations

• 119 Wash. 653
• 206 P. 561
• 1922 Wash. LEXIS 845

Syllabus

<p>Cbiminal Law (84) — Evidence—-Facts in Issue — Relevancy. In a prosecution for robbery, upon a question as to whether accused had time to drive his accomplices to the scene of the crime by a certain route and wait for them a short distance away, it is proper to admit evidence of the time taken to drive another automobile over the same route.</p> <p>Witnesses (122) — Impeachment—Inconsistent Statements. An accomplice testifying that accused drove the perpetrators of a robbery over a certain route, may be impeached by his statement, made in the absence of the accused, that he drove over another route, as testified to by another witness.</p> <p>Criminal Law (145) — Evidence—Maps. In a prosecution for-robbery, it is not error to exclude a' map or sketch, where it was immaterial and other testimony identified the only thing upon it.</p> <p>Same (296) — Trial—Instructions as to Accomplices. An instruction as to the responsibility of an accomplice who drove his associates to and from the scene of a robbery is favorable to the accused where it was to the effect that association with the others in the robbery would make him an accomplice, but that he would not be guilty unless he aided, counselled or assisted in its commission.</p> <p>Same (316) — Trial—Instructions. I.t is not error to refuse to give instructions in the language requested, if covered by instructions given.</p> <p>Same (441) — Appeal—Review—Questions of Pact. A conviction supported by evidence will not be set aside for insufficient evidence, especially where it was largely a question of the credibility of witnesses and the jury went over, and viewed, the scene of the crime.</p> <p>Same (450, 451) — Appeal—Harmless Error — Examination of Witness. Prejudicial error cannot be predicated upon offering the wife of the accused as a witness, and stating that it had something to do with a revolver and not to any communication with accused, where the jury were excused during argument thereon, and the evidence was