Haywood v. Territory

• Decision Date: 06 August 1883
• Citation: 2 P. 189,2 Wash.Terr. 180
• Parties: HAYWOOD v. TERRITORY.
• Court: Washington Supreme Court

2 P. 189

2 Wash.Terr. 180

HAYWOOD v. TERRITORY.

Supreme Court of Territory of Washington

August 6, 1883

Error to Second district, at Olympia.

John P. Judson and Geo. C Israel, for plaintiff in error.

J C. McFadden, for the Territory.

HOYT, J.

The plaintiff in error herein was indicted by the grand jury for the crime of horse stealing, and, upon his plea of not guilty to said indictment, trial was had, and a verdict of guilty rendered, whereupon the said defendant entered a motion in arrest of judgment and for a new trial, on the ground that the said indictment charged more than one offense, and that the jury were misdirected by the court as to the law of the case; and to reverse the action of the court below in denying such motion the case has been brought here for review upon the questions above stated. The indictment charged the defendant with stealing one horse, the property of one Mary, whose true name is to the jury unknown and one horse, the property of one _____, whose name is to the jury unknown, and, in our opinion, charged but one offense, for while it is true that the taking of two horses the property of different persons, might constitute two separate offenses, yet, if they were taken at the same time, the prosecutor could elect to treat it as one transaction, and charge it as a single offense; besides, an objection of this...