State v. Walker

Citations

• 104 Wash. 472
• 177 P. 315
• 1918 Wash. LEXIS 1207

Syllabus

<p>Witnesses (84) — Cross-Examination of Accused — Self-Defense. Upon an issue of self-defense, the state is entitled to show by cross-examination that the accused, after an altercation, had found a safe asylum by going to his garage and locking the door, where he obtained a gun with which he shot the deceased, indicating a voluntary return to the fray.</p> <p>Criminal Law (387) — Appeal — Preservation of Grounds — Objections to Evidence. Error cannot be predicated on the failure to lay sufficient foundation for a dying declaration, in the absence of any objection to the evidence upon that ground.</p> <p>Criminal Law (229) — Homicide (88) — Trial—Reception of Evidence — Scope of Rebuttal. Where the accused testified to a conversation had with the deceased just prior to the killing, it is proper rebuttal for the state to call the wife of the deceased and give deceased’s account of the conversation repeated to her in his dying declaration, under a sense of impending death.</p> <p>Criminal Law (314) — Homicide (95) — Trial—Necessity of Particular Instructions — Dying Declarations. It is not error to fail to instruct that dying declarations should be received with caution, in the absence of any request therefor; there being a wide distinction between misdirection and nondirection, where the charge is not mandatory by statute.</p>