State v. Zettler

Citations

• 15 Wash. 625
• 47 P. 35
• 1896 Wash. LEXIS 265

Syllabus

<p>CRIMINAL LAW — RECORD ON APPEAL — INSUFFICIENCY OF EVIDENCE — ASSIGNMENT OF ERRORS — MISCONDUCT OF BAILIFF.</p> <p>The alleged insufficiency of the evidence to sustain a .verdict of guilty will not be considered on appeal, when the record does not purport to contain all the material facts, matters and proceedings produced and had at the trial.</p> <p>The fact that the bailiff informed the jury that, if they did not return a verdict by a certain hour, he would keep them locked up all night, does not amount to misconduct when the statement was made, not for the purpose of influencing the jury in their action, but to inform them that it was the intention of the court to go home at that hour, and that, if the verdict was not returned before that time, it could not be till morning.</p> <p>An assignment that the court erred in giving instructions will not be considered on appeal, when there is no specification in the brief as to what the error was.</p>