State v. Yourex

Citations

• 30 Wash. 611
• 71 P. 203
• 1903 Wash. LEXIS 352

Syllabus

<p>HOMICIDE-ADMISSIBILITY OF EVIDENCE-CERTIFIED CONSTABLE’S BOND.</p> <p>A copy of the bond of a constable, certified by the county clerk, is admissible in evidence to establish the'official character of an individual as constable, since the county clerk is the proper custodian of the bonds of constables, under Laws 1889-90, p. 34, which makes such officer the custodian of the official bonds of all county and township officers.</p> <p>SAME-WARRANT OF ARREST-VALIDITY. '</p> <p>Under Bal. Code, §§ 6678, 6683, 6695,. which require only the substance of the complaint to be recited in a warrant of arrest for misdemeanor, a warrant is not. void on its face when it authorizes the officer to arrest defendant for defacing a building, described as the property of B. “and divers other persons,” further reciting that it was not the property of defendant.</p> <p>SAME.</p> <p>The fact that a warrant for the arrest of defendant for defacing a building belonging to private parties recited that the building wás upon the public highway would not render the warrant void on its face, inasmuch as there are circumstances when such a building may lawfully be upon the public highway.</p> <p>SAME-OBJECTIONS TO EVIDENCE-WAIVER.</p> <p>Where a warrant of arrest had been admitted in evidence without objection, except to the purported return indorsed on the back thereof, which was ruled out, it was not error to permit the warrant itself to be taken to the jury room, although containing the return on its back which was not in evidence, since the defendant waived all objections by permitting the introduction of the warrant in evidence without asking for the obliteration or concealment of the indorsement.</p> <p>SAME-VALIDITY OF WARRANT-QUESTION OF LAW.</p> <p>The question of whether a warrant of arrest was either valid or void upon its face being one of law, it was not error for the court to charge the jury that the warrant authorized an officer to make the arrest, where the court had already det