State v. Hinkley, No. 33869

CourtUnited States State Supreme Court of Washington
Writing for the CourtWEAVER; HILL
Citation325 P.2d 889,52 Wn.2d 415
Docket NumberNo. 33869
Decision Date22 May 1958
PartiesThe STATE of Washington, Respondent, v. John W. HINKLEY, Appellant.

Page 415

52 Wn.2d 415
325 P.2d 889
The STATE of Washington, Respondent,
v.
John W. HINKLEY, Appellant.
No. 33869.
Supreme Court of Washington, En Banc.
May 22, 1958.

Page 417

[325 P.2d 891] John W. Hinkley, pro se.

Charles O. Carroll, Robert F. Utter, R. Stuart Thomson, Seattle, for the State.

John J. Sullivan and Francis Hoague, Seattle, amici curiae.

WEAVER, Justice.

John W. Hinkley, appellant, and Leroy E. Thrift were charged jointly with one count of burglary in the second degree. Thrift was charged with four counts of forgery in the first degree. It was alleged that Hinkley did 'aid, abet, encourage, assist, advise and counsel' Thrift in the forgeries.

Thrift pleaded guilty to one count and, thereafter, testified as a witness for the state at Hinkley's trial. Hinkley was represented by counsel of his own choice. Counsel withdrew from the case at the time judgment and sentence were entered. Thereafter, appellant Hinkley represented himself on appeal except for En Banc argument in this court when his case was presented by oral argument of amici curiae.

The crux of the charges is this: Hinkley and Thrift broke into the premises of a construction company for which Hinkley had previously worked and stole a typewriter, a check protector, and blank payroll checks. Hinkley later aided and abetted in the forgery and uttering of these checks.

Appellant's first five assignments of error are directed to instructions given by the court. He argues that these instructions are erroneous because, in order to find him guilty, they should state that he must have had knowledge that a crime was being committed.

We cannot consider these assignments of error for two reasons: (a) No exceptions were taken to the questioned instructions by appellant's trial counsel, as required by Rule of Pleading, Practice and Procedure 10, 34A Wash.2d

Page 418

75, as amended, effective October 24, 1955. State v. Severns, 1942, 13 Wash.2d 542, 125 P.2d 659. An excellent explanation of the necessity for the rule appeared recently in Lasser v. Grunbaum Brothers Furniture Co., 1955, 46 Wash.2d 408, 414, 281 P.2d 832. (b) The questioned instructions, except two, are not 'set out in the brief in full,' as required by Rule on Appeal 43, 34A Wash.2d 47, as amended, effective January 2, 1953. See State v. Green, 1951, 38 Wash.2d 240, 242, 229 P.2d 318, 23 A.L.R.2d 1397.

We are not foreclosed from considering the weight of appellant's argument made in support of his first five assignments of error, because the same argument is made in support of assignments of error Nos. 17, 18, and 19 directed to the forgery counts of the information.

Each of the four forgery counts alleged in the information state that appellant

'* * * did aid, abet, encourage, assist, advise and counsel the said Leroy E. Thrift in the unlawful act [forgery] as hereinbefore set forth; * * *' (Italics ours.)

This charges appellant as an abettor--substantially in the language of the statute. See RCW 9.01.030. This is sufficient. In addition, the five questioned instructions (assignments of error Nos. 1 to 5) informed the jury that they must find appellant abetted Thrift in the commission of the forgeries before he could be convicted.

Although the word 'aid' does not imply guilty knowledge or felonious intent, the word 'abet' includes knowledge of the wrongful purpose of the perpetrator, as well as counsel and encouragement in the crime. People v. Dole, 1898, 122 Cal. 486, 492, 55 P. 581, 68 Am.St.Rep. 50; People v. Terman, 1935, 4 Cal.App.2d 345, 40 P.2d 915; 1 C.J.S. p. 306.

Further, appellant requested and the trial court gave the following instruction:

'You are instructed that before you can find the defendant Hinkley guilty of aiding and abetting Leroy E. Thrift in the crime of forging and uttering the checks set forth in Counts II, III, IV and V of the information, you

Page 419

must find that he, the said Hinkley, did so knowingly and with criminal[325 P.2d 892] intent. To abet another in the commission of a crime implies a consciousness of guilt in instigating, encouraging, promoting or aiding in the commission of such criminal offense.' (Italics ours.)

We find no merit in assignments of error Nos. 17, 18, and 19.

Appellant's assignments of error Nos. 6, 7, and 9 are directed to...

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29 practice notes
  • State v. J-R Distributors, Inc., J-R
    • United States
    • United States State Supreme Court of Washington
    • July 27, 1973
    ...and (2) encouragement, promotion or counsel of another in the commission of the criminal offense. State v. Hinkley, 52 Wash.2d 415, 325 P.2d 889 We find no such evidence or reasonable inference to be drawn therefrom in the facts before us. Although Kristek was employed by the bookstore, he ......
  • State v. Adams, No. 39402
    • United States
    • United States State Supreme Court of Washington
    • September 11, 1969
    ...inferences and deductions from the evidence, including inferences as to the credibility of witnesses. State v. Hinkley, 52 Wash.2d 415, 325 P.2d 889 (1958); State v. Brown, 35 Wash.2d 379, 213 P.2d 305 Although the prosecutor's closing argument might have been better phrased by not using th......
  • State v. Schierman, NO. 84614-6
    • United States
    • United States State Supreme Court of Washington
    • April 12, 2018
    ...that the trial court abused its discretion in excluding redirect examination on these subjects.55 State v. Hinkley, 52 Wash.2d 415, 419, 325 P.2d 889 (1958) (trial court has discretion to admit or exclude testimony on redirect that "is not strictly rebuttal of testimony elicited by cro......
  • State v. Schierman, NO. 84614-6
    • United States
    • Washington Supreme Court
    • May 5, 2015
    ...that the trial court abused its discretion in excluding redirect examination on these subjects.55 State v. Hinkley, 52 Wash.2d 415, 419, 325 P.2d 889 (1958) (trial court has discretion to admit or exclude testimony on redirect that "is not strictly rebuttal of testimony elicited by cro......
  • Request a trial to view additional results
29 cases
  • State v. J-R Distributors, Inc., J-R
    • United States
    • United States State Supreme Court of Washington
    • July 27, 1973
    ...and (2) encouragement, promotion or counsel of another in the commission of the criminal offense. State v. Hinkley, 52 Wash.2d 415, 325 P.2d 889 We find no such evidence or reasonable inference to be drawn therefrom in the facts before us. Although Kristek was employed by the bookstore, he ......
  • State v. Adams, No. 39402
    • United States
    • United States State Supreme Court of Washington
    • September 11, 1969
    ...inferences and deductions from the evidence, including inferences as to the credibility of witnesses. State v. Hinkley, 52 Wash.2d 415, 325 P.2d 889 (1958); State v. Brown, 35 Wash.2d 379, 213 P.2d 305 Although the prosecutor's closing argument might have been better phrased by not using th......
  • State v. Schierman, NO. 84614-6
    • United States
    • United States State Supreme Court of Washington
    • April 12, 2018
    ...that the trial court abused its discretion in excluding redirect examination on these subjects.55 State v. Hinkley, 52 Wash.2d 415, 419, 325 P.2d 889 (1958) (trial court has discretion to admit or exclude testimony on redirect that "is not strictly rebuttal of testimony elicited by cross-ex......
  • State v. Schierman, NO. 84614-6
    • United States
    • Washington Supreme Court
    • May 5, 2015
    ...that the trial court abused its discretion in excluding redirect examination on these subjects.55 State v. Hinkley, 52 Wash.2d 415, 419, 325 P.2d 889 (1958) (trial court has discretion to admit or exclude testimony on redirect that "is not strictly rebuttal of testimony elicited by cross-ex......
  • Request a trial to view additional results

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