State v. Van Waters

Citations

• 36 Wash. 358
• 78 P. 897
• 1904 Wash. LEXIS 562

Syllabus

<p>Appeal and Error — Record—Review—Criminal Law — Trial —Arraignment—Bringing to Trial Within Sixty Days. The denial of a motion to dismiss a prosecution, made upon entering a plea forty-five days after the filing of the information, on the ground that there had been such a delay in the arraignment that the prisoner was unable to prepare for trial within sixty days from the time the information was filed, will not be reviewed on appeal where the record does not show at what time the appellant was arraigned, since the court can not presume that it was delayed beyond a reasonable time, or that no sufficient cause appeared for the delay.</p> <p>Same — Abuse of Discretion. The denial of a motion to dismiss. a prosecution, made at the commencement of the trial sixty-three days after the filing of the information, upon the ground that the prisoner was not brought to trial within sixty days, under Bal. Code § 6911, so requiring unless good cause is shown for the delay, will not be reversed except for abuse of discretion, and can not be reviewed where the record on appeal fails to show the order of the court setting the cause for trial, or the proceedings had thereon, since the order must be presumed regular and on sufficient cause.</p> <p>Criminal Law — Tbial-^-Indorsement of Names of Witnesses on Information. It is not error to permit the state to indorse on the information the names of additional witnesses on the day before the trial.</p> <p>Rape — Jurors—Challenge fob Cause — Sitting on Similar Trial. In a prosecution for rape committed on the person of a child under the age of consent, a juror who had sat upon a trial wherein another person had been convicted of a similar offense, committed upon the same prosecuting witness, is not disqualified, where the crimes were separate and distinct and committed at different times; and a challenge for cause is properly overruled.</p> <p>Appeal — Review—Trial—Improper Argument of Counsel — ■ Exceptions. Error can not be predicat