State v. Dixon

• Decision Date: 07 April 1927
• Docket Number: 20319.
• Parties: STATE v. DIXON.
• Court: Washington Supreme Court

255 P. 109

143 Wash. 262

STATE v. DIXON.

No. 20319.

Supreme Court of Washington

April 7, 1927

Department 2.

Appeal from Superior Court, Snohomish County; Bell, Judge.

James Dixon was convicted of rape, and he appeals. Affirmed.

E. C. Dailey and A. E. Dailey, both of Everett for appellant.

C. T Roscoe and Charles R. Denney, both of Everett, for the State.

PARKER J.

The defendant, Dixon, was charged by two counts in one information: First, under section 2435, Rem. Comp. Stat. with the crime of rape, in that he 'did willfully unlawfully, and feloniously perpetrate an act of sexual intercourse with C_____ M_____ T_____, a female person over the age of 10 years, not the wife of said James Dixon, against her will and without her consent, the resistance of the said C_____ M_____ T_____ thereto being forcibly overcome;' and, second, under section 2436, Rem. Comp. Stat., with the crime of carnal knowledge of a female child, in that he 'did willfully, unlawfully, and feloniously carnally know and abuse C_____ M_____ T_____, a female child of the age of 17 years, not the wife of said James Dixon.' A trial in the superior court for Snohomish county sitting with a jury resulted in a verdict finding the defendant guilty of rape as charged in the first count. Judgment and sentence being rendered against him upon that verdict, he has appealed therefrom to this court.

It is contended in behalf of appellant that the information erroneously charged him with two separate crimes, not properly chargeable in one information. In so charging appellant, the prosecuting attorney was manifestly proceeding under section 2059, Rem. Comp. Stat., as amended by chapter 109, Laws of 1925, reading, so far as we need here notice its language, as follows:

'When there are several charges against any person, or persons, for the same act * * * of the same class of crimes or offenses, which may be properly joined, instead of having several indictments or informations the whole may be joined in one indictment, or information, in separate counts. * * *'

The crime of rape with which appellant was charged by the first count is defined by section 2435, Rem. Comp. Stat., as follows:

'Rape is an act of sexual intercourse with a female not the wife of the perpetrator committed against her will and without her consent. Every person who shall perpetrate such an act of sexual intercourse with a female of the age of ten years or upwards not his wife; * * *

'(2) When her resistance is forcibly overcome; * * *

'Shall be punished by imprisonment in the state penitentiary for not less than five years.'

The crime of carnal knowledge of a female child with which appellant was charged by the second count is defined by section 2436, Rem. Comp. Stat., as follows:

'Every male person who shall carnally know and abuse any female child under the age of eighteen years, not his wife, * * * shall be punished as follows: * * *

'(3) When such child is fifteen and under eighteen years of age, by imprisonment in the state penitentiary for not more than ten years, or by imprisonment in the county jail for not more

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