State v. Stockhammer

Citations

• 34 Wash. 262
• 75 P. 810
• 1904 Wash. LEXIS 346

Syllabus

<p>Criminal Law — Trial—Separation of the Jury — Consent of Defendant. A case will not be reversed because of the separation of the jury without the consent of the defendant, when the counsel for defendant consented thereto in the presence and hearing of the defendant.</p> <p>Same — Admonition as to Duties upon Adjournment. It is not prejudicial error to fail to admonish the jury as to its duties on each adjournment where the admonition had been once given.</p> <p>Evidence — Conclusion of Witness. It is not error to sustain an objection to a question calling for the conclusion of the witness as to the feeling of another person which prompted an act, where the witness was permitted to testify to the act, since that fact was all he could properly testify to.</p> <p>Criminal Law — Motion for Acquittal — Sufficiency of Evidence. Where there was sufficient testimony introduced by the state to warrant a conviction if uncontradicted, a dismissal or verdict of acquittal should not be directed.</p> <p>Homicide — Evidence of Defendant’s Insanity — Competency Under Plea of Self-Defense. In a prosecution for a homicide it it is not prejudicial error to exclude evidence of an adjudication of insanity and a discharge from the hospital as improved, where there was no plea of insanity, the defense being self-defense, especially where defendant was afterwards allowed to prove that he had been confined in the asylum on a charge of insanity.</p> <p>Homicide — Self-Defense—Necessity of Warning — Instructions. In a prosecution for a homicide an instruction as to the right of the defendant to take the life of another in self-defense is properly qualified by adding that it was the duty of the defendant to first warn his assailant to desist from his attack, unless he was justified in believing that he had no time to give such warning.</p> <p>Same — Reasonableness of Belief that Life is in Danger. An instruction as to the right of self-defense if the defendant believes his life is in danger