State v. Vane

Citations

• 105 Wash. 170
• 177 P. 728
• 1919 Wash. LEXIS 550

Syllabus

<p>Criminal Law (434)—Appeal—Review—Discretion—Change of Venue. The denial of a motion for change of venue on the ground of local prejudice will not be disturbed in the absence of an abuse of discretion, notwithstanding the accused was compelled to go to trial with two jurors who had made affidavits in resistance of the motion for change of venue.</p> <p>Perjury (4)—Information-—-Materiality of Evidence. An information for perjury sufficiently charges the materiality of the testimony, within Rem. Code, § 2351, defining perjury, even if insufficient at common law, where it alleges that accused wilfully testified falsely “to the following material facts in the case,” setting forth the testimony; in view of Rem. Code, §§2065, 2066, providing for charging a crime in ordinary language, and that no information shall be deemed insufficient when it clearly indicates the offense and the person charged.</p> <p>Criminal Law (385)—Appeal—Objections to Information. Matters going to the definiteness or certainty of a charge which might have been cured by amendment cannot be raised for the first time on appeal.</p> <p>Same (316)—Trial—Instructions Already Given. It is not error to refuse requested instructions that are covered in the general charge.</p> <p>Perjury (7)—Instructions—Materiality of Evidence. In a prosecution for perjury the determination of the materiality of the evidence is not left to the jury by the giving of an instruction that the jury must find that all material allegations of the information have been proven beyond a reasonable doubt, where the jury were told that the matters charged in the information were all material matters in the case in question.</p> <p>Same (7)—Instructions—Corroboration. In a prosecution for perjury, an instruction upon the subject of corroboration of the defendant is not called for, where the testimony was admitted and the claim made that it was given under an honest mistake.</p> <p>Same (6)—Evidence—Sufficiency. In a prosecution for