State v. Wilson

Citations

• 9 Wash. 218
• 37 P. 424
• 1894 Wash. LEXIS 284

Syllabus

<p>BURGLARY —SUFFICIENCY OF INFORMATION — REPEAL OF STATUTE — CONTINUANCE.</p> <p>An information for burglary, which charges the unlawful and. burglarious entry of a dwelling house with intent to commit a felony therein, is sufficient. (Linbeck v. State, 1 Wash. 336, and State v. Anderson, 5 Wash. 350, followed.)</p> <p>Sec. 828, Code 1881, providing that where a person shall have unlawfully entered a building as described in §827, he shall be deemed to have made such entry or breaking with intent to commit a misdemeanor or felony, unless such entry or breaking shall be explained, cannot be interpreted as a proviso to §827, which defines the crime of burglary; and, consequently, the amendment of §827, by enlarging its scope so as to include additional structures as subject to burglary, will not work a repeal of §828.</p> <p>The refusal of the court to grant a continuance in a criminal prosecution, on account of the absence of witnesses, is not an abuse of discretion, when the only showing therefor is the general allegation that defendant could prove an alibi by said witnesses, and that said witnesses were in the jurisdiction of the court, but their whereabouts could not be ascertained by defendant, although his counsel had made unceasing efforts to ascertain their location.</p>