State v. Crockett, 22456.

• Decision Date: 11 August 1930
• Docket Number: 22456.
• Court: Washington Supreme Court
• Parties: STATE v. CROCKETT.

290 P. 873

158 Wash. 152

STATE v. CROCKETT.

No. 22456.

Supreme Court of Washington

August 11, 1930

Department 1.

Appeal from Superior Court, Kitsap County; Sutton, Judge.

George T. Crockett was convicted of possessing intoxicating liquor with intent to sell, and he appeals.

Appeal dismissed.

Wright & Catlett, of Seattle, for appellant.

James W. Bryan, of Bremerton, for the State.

TOLMAN J.

Appellant was, by a jury, found guilty of the crime of possession of intoxicating liquor with intent to sell. A motion for a new trial was interposed, and thereafter, according to the entries in the journal of the trial court, the following occurred:

'Hon. H. G. Sutton, Judge

'Monday, December 2, 1929

'8964

'State of Washington vs. George T. Crockett

'Hearing on Motion for New Trial and sentencing of defendant comes on this day. State of Washington represented by James W. Bryan, Pros. Atty., defendant in court in person and by Marion Garland Esq.

'Motion for new trial denied.

'Court fines defendant Three Hundred Dollars and costs and sentences defendant to serve ninety days in County jail. Jail sentence suspended upon payment of fine and costs and during good behavior of defendant.

'Attorney for defendant gives oral Notice of Appeal to Supreme Court and asks court to fix bond. Bond fixed at $1,000.00.'

No other notice of appeal was ever given. Later, and on December 16, 1929, the court signed a formal written judgment and sentence, which reads:

'On this December 16th, 1929, comes J. W. Bryan, Prosecuting Attorney for the County and State aforesaid, and the said defendant in this action is brought to the bar of the court here, with his counsel Marion Garland and being asked if he has any legal cause to show why judgment of the court should not be pronounced against him, says nothing, unless as he before has said; and it appearing to the court by the verdict of guilty that the defendant is guilty of the crime of Possession of Whiskey for Sale, whereupon, all and singular, the premises being seen and by the Judge of the Court here fully understood, it is

'Ordered adjudged and decreed by said court that the said defendant is guilty of the crime of having in his possession intoxicating liquor, to-wit, whiskey, with intent to sell the same, as charged, and that he be punished therefor by imprisonment in the county jail at Port Orchard, in said state for three (3) months and pay a fine of $300.00 and costs, and the defendant is hereby remanded to the custody of the sheriff of said county to be by him detained during the term of the said sentence, provided, that upon payment of said fine and costs the said prison term is hereby suspended during good behavior.'

The state has moved to dismiss the appeal because prematurely taken under authority of Strickland v. Rainier Golf &amp Country Club (Wash.) 287 P. 900.

Since that case, which was so recently decided, so fully discusses the question and is concurred in by a decisive majority of the court, it would be useless to again examine and attempt to review the question. If the written judgment of December 16 is the...