State v. Turner

Citations

• 115 Wash. 170
• 196 P. 638
• 1921 Wash. LEXIS 702

Syllabus

<p>Witnesses (106)—Cross-Examination—Evidence oe Former Conviction. Under Rem. Code, § 2290, where a defendant in a criminal case admitted on cross-examination that he had been convicted of an offense, but denied that he had been convicted of two offenses of a like nature, it was not error to permit the introduction of certified copies of the record of two convictions for the purpose of impeaching his credibility.</p> <p>Criminal Law (297)—Trial — Instructions — Degree oe Oeeenses. In a prosecution for the unlawful sale of intoxicating liquor, where the only evidence was addressed to the fact of illegal sale, it was proper for the court to refuse to instruct the jury that they might find the defendant guilty of the lesser offense of unlawful possession of intoxicating liquor.</p> <p>Intoxicating Liquors (6) — Prohibition — Bootlegging — 18th Amendment. Prosecution under state laws for bootlegging and conducting illegal liquor joints is lawful as in aid of the enforcement of the 18th amendment to the constitution of the United States and the Volstead act passed pursuant thereto.</p> <p>Same (50)—Criminal Prosecutions—Evidence—Sueeicienct. In a prosecution for the illegal sale of intoxicating liquor, testimony of a witness that he purchased moonshine whiskey from the defendant, but could not recollect whether it had'any intoxicating properties, was sufficient to uphold conviction.</p> <p>Criminal Law (451)—Appeal—Harmless Errors—Argument oe Counsel. Misconduct of the prosecuting attorney in asking accused whether he had been convicted of living off the earnings of a fallen woman was harmless error, where the court restricted the answer to the fact of conviction of a previous offense and did not permit the prosecutor to parade the nature of the offense before the jury.</p>