State v. Williams

Citations

• 43 Wash. 505
• 86 P. 847
• 1906 Wash. LEXIS 738

Syllabus

<p>Indictment and Information — Filing New Information. After a mistrial in a criminal case, the court may permit the prosecution to file a new infoimation.</p> <p>Criminal Law — Order Nunc Pro Tunc. Where the clerk of the court failed to enter an order in a criminal action, the court may make the record speak the truth by the filing of an order nunc pro tunc.</p> <p>Criminal Law — Information—Burglary—Attempt to Commit. An information charging accused with an attempt to commit the crime of burglary “having in his possession” certain implements of burglary, charges a felony under Bal. Code, §7437 relating to attempts, and not merely the misdemeanor defined by Bal. Code, §7106, in having such implements in possession with intent to commit such offense.</p> <p>Criminal Law — Former Acquittal — Evidence — Sufficiency. The plea of former acquittal is an affirmative defense to be proved by the defendant, and evidence merely that there was another trial is not sufficient to make a prima facie case of former acquittal.</p> <p>Same. The dismissal of the first information, after setting aside a conviction for error, does not support a plea of former acquittal.</p>