State v. Anderson

• Court: Washington Supreme Court
• Writing for the Court: GORDON, J.
• Citation: State v. Anderson, 20 Wash. 193, 55 P. 39 (Wash. 1898)
• Decision Date: 21 November 1898
• Parties: STATE v. ANDERSON.

55 P. 39

20 Wash. 193

STATE v. ANDERSON.

Supreme Court of Washington

November 21, 1898

Appeal from superior court, Chehalis county; Charles W. Hodgdon Judge.

W. H Anderson was convicted of burglary, and he appeals. Affirmed.

Geo. D Schofield, for appellant.

W. H. Abel, for the State.

GORDON J.

The defendant was convicted in the superior court for Chehalis county of the crime of burglary, and sentenced to three years' imprisonment in the penitentiary. He has appealed.

Respondent has moved to strike from the transcript certain affidavits which purport to have been submitted to the trial court in support of defendant's motion for a new trial, but which were not incorporated in any bill of exceptions or statement of facts. The motion must prevail. State v. Howard, 15 Wash. 425, 46 P. 650; Clay v. Irrigation Co., 14 Wash. 545, 45 P. 141.

It is urged in appellant's brief that the prosecution should have been by indictment, and not by information; and, in support of this position, appellant contends that there is nothing upon the face of the record disclosing that the grand jury was not in session at the time the information was filed. The defendant did not move against the information in the lower court, nor make any objection thereto, prior to entering his plea of not guilty; and it does not affirmatively appear that the court erred in overruling his objection to the introduction of testimony.

Nor did the court err in permitting the prosecuting witness, and also the witness Beamer, upon redirect examination, to testify to an altercation occurring between appellant and the prosecuting witness some months prior to the alleged burglary, for the reason that the appellant himself had introduced the subject in his cross-examination of these witnesses.

It is asserted that, at the close of the...