State v. Washing

Citations

• 36 Wash. 485
• 78 P. 1019
• 1904 Wash. LEXIS 580

Syllabus

<p>Criminal Law — Confessions—Statements Made Before Committing Magistrate — Voluntary, Although Accused not Informed of His Right to Refuse to Answer. It is not error to receive, as a voluntary confession, evidence of statements made by an Indian before a committing magistrate, upon being charged with horse stealing, in answer to questions put by the magistrate, although he was not represented by counsel and was not informed of his right to refuse to answer, where, in answer to the question whether he stole the horse, he answered that he had not and volunteered, “I brand him,” and other statements followed whereby he attempted to explain his acts, since enough appears to show, prima facie, that the statements were voluntary.</p> <p>Larceny — Value oe Horse Stolen — Instructions as to Value. It being unnecessary, under Bal. Code, § 7113, to allege the value of stolen cattle, if of any value, it is not error to refuse to instruct the jury with reference to the value of a stolen horse, when it appears without dispute that it was valuable.</p>