State v. Williams

Citations

• 62 Wash. 286
• 113 P. 780
• 1911 Wash. LEXIS 693

Syllabus

<p>Criminal Law — -Evidence—Statements of Codefendant — Admissibility. In. a prosecution against two persons for obtaining money under false pretenses, evidence of a conversation between the prosecuting witness and one of the defendants when the other defendant was not present is admissible, if the facts show a concert of action and that both defendants were parties to the crime, although separate trials were had and no conspiracy was charged.</p> <p>Criminal Law — Identification of Accused — Sufficiency. A conviction will not be set aside for insufficient identification of the-accused at the preliminary hearing by the prosecuting witness,, where he sufficiently identified the accused at the trial.</p> <p>Criminal Law — Presumption as to Possession of Stolen Property — Instructions—Harmless Error. Where money was found concealed on the accused when arrested shortly after a theft, it is-not error to refuse an instruction that the presumption of guilt from the possession of stolen property attaches only when the money is shown to have been stolen, and is destroyed by reasonable explanation, where the jury were instructed that such presumption applies only, to property identified as stolen and that they must find beyond a reasonable doubt that the accused had obtained the money charged to have been stolen.</p>