State v. Strodemier

Citations

• 40 Wash. 608
• 82 P. 915
• 1905 Wash. LEXIS 1034

Syllabus

<p>Venue — Change—Prejudice of Judge — Relationship to Prosecuting Witness — Abuse of Discretion. The fact that the trial judge is a brother of the prosecuting witness is not alone sufficient to sustain a charge of prejudice, and a denial of a motion for a change of venue based on such fact will not be reviewed except for abuse of discretion.</p> <p>Same — Prejudice of Judge — Erroneous Rulings. Erroneous rulings of a judge during the trial, after the denial of a motion for a change of venue, do not convict him of prejudice entitling the accused to the change.</p> <p>Criminal Law — Cattle Stealing — Justification Under Agreement — Cross-Examination—Mistake as to Cattle Referred To. Upon a prosecution for the larceny of four head of cattle running on the range, the taking of which is admitted and justified under an alleged agreement with the owner that the accused could take up and sell four steers of the same brand, not gathered by the owner the winter before, the accused has the right, after the prosecuting witness has testified that he did not authorize the accused to take up and sell the cattle described in the information, to show on cross-examination the aforesaid agreement, without confining the inquiry to the cattle specified in the information; since the cross-examination is directly connected with the testimony in chief, and the taking of any cattle in good faith under the agreement would be a complete defense to the accusation.</p> <p>Criminal Law — Evidence as to Previous Charges Against Accused. Upon a prosecution for larceny it is unnecessary, and prejudicial error, for the state, in order to lay a foundation for introducing the testimony of the accused on former trials, to show that the accused had twice before been charged with and put on trial for similar offenses.</p> <p>Same — Laying Foundation. Such evidence is not justified in the state’s case in chief, as a foundation for the evidence on the former trial, since it is only when desired for impeac