State v. Snider

Citations

• 32 Wash. 299
• 73 P. 355
• 1903 Wash. LEXIS 419

Syllabus

<p>CRIMINAL LAW-INFORMATION-DUPLICITY-WAIVER.</p> <p>An objection to an indictment or information on the ground of duplicity is waived if not made until after verdict.</p> <p>ASSAULT WITH INTENT TO MURDER-INFORMATION.</p> <p>An information held sufficient to charge an assault with intent to commit murder, under Bal. Code, § 7057.</p> <p>VERDICT — OBJECTIONS.</p> <p>Failing to object to the form of a verdict does not preclude the defendant from objecting to its substance, and to the sentence as not warranted by the verdict.</p> <p>ASSAULT —- INTENT TO INFLICT BODILY INJURY-PARTIAL VERDICT.</p> <p>Upon an information' for assault with a deadly weapon with intent to murder, under Bal. Code, § 7057, a verdict finding the defendant guilty of “assault with a deadly weapon” does not warrant a sentence for an assault with intent to inflict hodily injury under Bal. Code, § 7058, hut only for a simple assault, as the intent is an essential element of the offense and must he' found as a fact hy the jury.</p> <p>SAME.</p> <p>In such case, while the verdict is to he liberally construed, the intention of the jury to find an intent to inflict hodily injury cannot he inferred from the fact that the information charges, and the instructions define, that offense.</p> <p>SAME.</p> <p>A partial verdict must specify the particular offense.</p> <p>SAME — SURPLUSAGE IN VERDICT.</p> <p>There is no such offense as assault with a deadly weapon, under the law of this state, and the words “with a deadly weapon” in a verdict are to he treated as surplusage.</p>