State v. Tommy

Citations

• 19 Wash. 270
• 53 P. 157
• 1898 Wash. LEXIS 359

Syllabus

<p>MURDER--SUFFICIENCY OF INFORMATION — OATH TO JURY — INSTRUCTIONS— SEPARATION OF JURY — RECORD — APPEAL.</p> <p>An information charging murder sufficiently describes the crime, when it alleges that defendant “did purposely and of deliberate and premeditated malice, kill one Kelly Annan, as follows” (describing the manner of killing), although the information does not allege that the particular acts or instrumentalities of the killing were done unlawfully, with deliberate and premeditated malice.</p> <p>An oath obligating the jury to try a criminal case before them “according to the law and the evidence as given on the trial,” is not prejudicial error, even if they are erroneously instructed as to the law upon a matter which is necessarily harmless to defendant.</p> <p>The action of the trial court in overruling an application for continuance will not be considered on appeal, in the absence of a statement of facts.</p> <p>Alleged errors in instructions as to evidence will not be considered on appeal, in the absence of a statement of facts.</p> <p>In a prosecution of two defendants jointly, the failure of the court to instruct that a confession of one cannot be considered against his co-defendant, is not error, when the state expressly disavowed in open court any application of the confession as against the one not joining in it and when there were instructions as to what must be found against each defendant to warrant a verdict against him.</p> <p>The jury in a criminal ease may, at any time before the submission of the cause to them, be allowed to separate, under the authority of Code Proc., § 359 (Bal. Code, § 4999.)</p>