State v. Smith

Citations

• 103 Wash. 267
• 174 P. 9
• 1918 Wash. LEXIS 1045

Syllabus

<p>Criminal Law — Evidence—Intent—Other Crimes. In a prosecution for selling morphine without a physician’s prescription, proof of giving dry morphine on a prescription calling for morphine in solution was sufficient proof of intent to establish criminality; hence it was error to admit evidence of other illegal sales of morphine to other persons for the purpose of establishing intent.</p> <p>Witnesses — Impeachment—Effect of Use of Drugs. In a prosecution for selling morphine without a physician’s prescription, where the prosecuting witness, a sporting woman, was under the influence of morphine at the time of the sale and of her accusation, the defense is entitled to prove by expert testimony the effect of the drug upon her mind and memory.</p> <p>Criminal Law — Trial—Misconduct of Judge — Comment. It is unlawful comment for the court to instruct the jury to view with caution and suspicion the evidence of a witness addicted to the use of morphine.</p>