State v. James, 23439.
| Decision Date | 06 November 1931 |
| Docket Number | 23439. |
| Citation | 165 Wash. 120,4 P.2d 879 |
| Parties | STATE v. JAMES. |
| Court | Washington Supreme Court |
Department 2.
Appeal from Superior Court, King County; E. V. Kuykendall, Judge.
Leland Hoover and Douglas James were convicted of robbery, and Douglas James appeals.
Affirmed.
E. F Kienstra, of Seattle, for appellant.
Robert M. Burgunder and William J. Wilkins, both of Seattle, for the State.
Leland Hoover and Douglas James were charged, by information, with the crime of robbery, and pleaded not guilty. A trial to a jury resulted in a verdict of guilty as to each of the defendants. From the judgment and sentence as to him, James appeals.
The facts may be summarized as follows: The Eba Grocery Company operates a number of chain stores in the city of Seattle, and its principal office is located on the second floor of the Bell Street Terminal, in that city. Fred W Warren was one of its employees, and on the morning of February 9, 1931, made collections from a number of the stores. At about 10:30 on that morning, he returned to the terminal, and was going up the stairway. When about halfway up, he was met by two men, coming down, who jumped upon him one of them striking him over the head with a piece of gas pipe wrapped in a newspaper. The money he collected was dropped and gathered up by the two highwaymen. The robbery was witnessed by two other persons in the terminal. Later Hoover and James were arrested and placed in the county jail. Two or three days after the robbery, Warren and the other two witnesses mentioned went to the jail for the purpose of determining whether the persons arrested were the ones that committed the robbery. All three positively identified Hoover. Two of them picked out James as probably the other one of the two, but they were not positive. The other witness to the robbery could not identify James. A little later, a preliminary hearing was had Before a justice of the peace and substantially the same testimony was given by the three witnesses as to the identification. Upon the trial, Warren and one of the other witnesses positively identified James as one of the persons who participated in the holdup. Warren gave, as the reason for his being positive on the trial and not being positive on either of the two prior occasions, a circumstance which had come to his mind subsequent to the preliminary hearing and which was that, on the morning of the robbery and...
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State v. Haff
...of the identification of men or things, such testimony is admissible. Spadoni, 137 Wash, at 690-91. Additionally, in State v. James, 165 Wash. 120, 4 P.2d 879 (1931), our Supreme Court held that it is generally for the jury—and not the judge—to determine the weight of identification testimo......
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State v. Gosby
...State v. Spadoni, 137 Wash. 684, 243 P. 854 (1956); State v. Gersvold, 66 Wash.2d 900, 406 P.2d 318 (1965). Cf. State v. James, 165 Wash. 120, 4 P.2d 879 (1931). Defendants urge this court to modify the above rule and to establish a 'base line' of reliability below which evidence must not f......
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State v. Johnson, 2659--I
...infer that the burden of proof had been met and that the defendant was the one who perpetrated the crime. We find in State v. James, 165 Wash. 120, 122, 4 P.2d 879 (1931): The only question presented upon the appeal is whether the evidence was sufficient to connect the appellant with the ro......
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State v. Haugland
...to take the case to the jury as to that issue, particularly in view of the corroborative testimony presented. State v. James, 165 Wash. 120, 122, 4 P.2d 879 (1931); State v. Johnson, 12 Wash.App. 40, 46, 527 P.2d 1324 (1974). Whether there was sufficient circumstantial evidence of that fact......