State v. Wappenstein

Citations

• 67 Wash. 502
• 121 P. 989
• 1912 Wash. LEXIS 1205

Syllabus

<p>Indictment and Information — Duplicity—Bribery. Under Kem. & Bal. Code, § 2321, making the soliciting and accepting of a bribe a felony, an indictment charging. that the accused asked for, received and accepted a bribe is not duplicitous, since the act of soliciting and the act of accepting a bribe are not separate and distinct offenses, and may be laid conjunctively in a single count.</p> <p>Criminal Law — Evidence—Declarations—Conversations in Absence of Defendant — Hearsay—Conspiracy. Under an indictment charging the defendant with having solicited and accepted bribes from two others under an agreement, understanding and promise to allow them to conduct houses of prostitution in violation of law, evidence of a conversation between the two in pursuance of the design, when the defendant was not present, is not objectionable as hearsay, where in connection with evidence of what took place in defendant’s presence, it tends to establish the unlawful conspiracy, combination or agreement alleged in the indictment, and there was already sufficient evidence proper to go to the jury tending to establish the conspiracy.</p> <p>Same. Such evidence was not inadmissible because of no prior consummated corrupt agreement or conspiracy, since it is immaterial at what time any one entered into the conspiracy, all being deemed parties to every act done in furtherance of it.</p> <p>Same — Evidence of Conspiracy — Sufficiency. In a prosecution of a chief of police, there is sufficient prima facie proof of the fact of a conspiracy between him and two others, for the conducting of houses of prostitution in violation of law, to permit the introduction of evidence of the acts and declarations of the two when the defendant was not present, where it appears that the chief, just prior to taking office, had suggested to one of them that it would be the policy to open up such places, and that “all of us” could make some money thereby, and expressed a desire to meet the other conspirator an