State v. Hubbell
| Decision Date | 28 January 1898 |
| Citation | 51 P. 1039,18 Wash. 482 |
| Parties | STATE v. HUBBELL. |
| Court | Washington Supreme Court |
Appeal from superior court, Spokane county; Leander H. Prather Judge.
H. O Hubbell was charged with the crime of grand larceny, and placed on trial on his plea of not guilty. From an order discharging defendant on the conclusion of the state's case, for insufficiency of evidence to submit to the jury the state appeals. Dismissed.
John A. Pierce, Pros. Atty., and Harris Baldwin for the State.
James L. Crotty, for respondent.
The respondent was charged in an information filed in the superior court for Spokane county with the crime of grand larceny. To this charge he pleaded not guilty, and, a jury having been impaneled and sworn, the cause proceeded to trial upon the evidence. At the conclusion of the state's case, respondent's counsel moved the court to discharge the jury from further consideration of the case, and the respondent from custody, on the ground that the evidence upon the part of the state was insufficient to warrant the court's submitting the cause to the jury. This motion was granted, and the state has appealed from that order. Respondent has moved this court to dismiss the appeal, and bases the motion upon various grounds, among others that the order made is not appealable, and that respondent has been once in jeopardy, and cannot again be tried for the same offense.
We think the motion must be granted. Subdivision 7, § 1, Laws 1893, p. 120 (section 6500, Ballinger's Code), is as follows: "But an appeal shall not be allowed to the state in any criminal action, except when the error complained of is in setting aside the indictment or information, or in arresting the judgment on the ground that the facts stated in the indictment or information do not constitute a crime, or is some other material error in law not affecting the acquittal of a prisoner on the merits." The ruling here complained of does not go to the sufficiency of the information or to the decision of a question of law, but to the correctness of the court's conclusion as to the facts relied upon for a conviction. It was the judgment of the court upon the merits of the case, and constitutes, we think, an acquittal on the merits. From such a judgment the state has no right of appeal. The information sufficiently charged the crime. A lawful jury had been impaneled and sworn. The court had jurisdiction. The acquittal...
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State v. Brunn
...conflicting enactment, the statute above quoted must be considered repealed by implication.) The motion to dismiss the appeal in the Hubbell case, supra, on two grounds, first, that the statute above quoted affirmatively forbade the appeal, and, second, on the ground urged in this case, nam......
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State v. Anderson, 47472-9
... ... (Italics mine.) ... We have held that where defendant was brought to trial upon a sufficient information and discharged at close of State's case, he has been once in jeopardy. State v. Hubbell, ... Page 751 ... 18 Wash. 482, 51 P. 1039 (1898); State v. Dye, 81 Wash. 388, 142 P. 873 (1914) ... Even if we had held double jeopardy not applicable to petitioner's situation, dismissal of the information is mandated on non-constitutional grounds; that is, the State's ... ...
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State v. Costello
...an acquittal of a defendant on trial charged with a crime. 1 Bish. New Cr. Law, §§ 992-1013; 1 Bish. Cr. Proc. § 821; State v. Hubbell, 18 Wash. 482, 51 P. 1039. It necessary to consider, therefore, whether or not the discharge of the jury under the circumstances in this case was proper. Th......
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State v. Kinghorn
... ... court is so clothed with authority and the prior proceedings ... are such that a judgment upon a verdict duly returned will be ... valid.' Id. § 1020. This view is recognized in ... State v. Lee Doon, 7 Wash. 308, 34 P. 1103, and in ... State v. Hubbell, 18 Wash. 482, 51 P. 1039, and by ... the following cases from other jurisdictions: Lee v ... State, 26 Ark. 260, 7 Am. Rep. 611; State v ... Walker, 26 Ind. 346; People v. Barret and Ward, 2 ... Caines, 100; Commonwealth v. Cook, 6 Serg. & R ... (Pa.) 577, 9 Am ... ...