State v. Smails

Citations

• 63 Wash. 172
• 115 P. 82
• 1911 Wash. LEXIS 1176

Syllabus

<p>Perjury — Information—Sufficiency—Charging Falsity of Testimony. ' An information for perjury sufficiently negatives the truth of the false testimony when it sets out the false testimony, and asserts its falsity by negation,and by setting out the true facts.</p> <p>Same — Accused’s Knowledge of Falsity. An information for perjury sufficiently charges the accused’s knowledge of the falsity of his testimony where it charges that he wilfully, knowingly, and falsely testified to a certain state of facts with knowledge of each fact alleged to negative the truth thereof.</p> <p>Evidence — Experts—Opinions—Forgery. Bankers and accountants of long standing having an extended experience in dealing with commercial paper and detecting irregularities therein are qualified to express their opinions as to the forgery of a note and mortgage.</p> <p>Same — Expert Testimony — Subjects—Forgery by Additions. It is competent for experts to express an opinion as to whether certain words and figures upon a note and mortgage were added or written at a different time, with a different pen or ink or under different circumstances from the other parts of the writing thereon.</p> <p>Peejtjky — Evidence—Sufficiency. A conviction of perjury is sustained by the direct testimony of one witness and corroborating circumstances established by independent evidence of such a character as to clearly turn the scale and overcome the oath of the defendant and the legal presumption of innocence.</p> <p>Criminal Law — Trial—Misconduct of Counsel. Prejudicial error cannot be predicated on an improper insinuation of the prosecuting attorney on cross-examination of the defendant’s witness, where an objection thereto was promptly sustained and the jury were instructed to disregard it.</p> <p>Criminal Law-Appeal — Record—Misconduct of Counsel. Error cannot be predicated upon improper argument of counsel to the jury, where it was not preserved in the record on appeal, and no motion was made below to strike it o