State v. Kelch, 16257.
| Court | United States State Supreme Court of Washington |
| Writing for the Court | HOLCOMB, J. |
| Citation | 195 P. 1023,114 Wash. 601 |
| Parties | STATE v. KELCH. |
| Decision Date | 23 February 1921 |
| Docket Number | 16257. |
195 P. 1023
114 Wash. 601
STATE
v.
KELCH.
No. 16257.
Supreme Court of Washington
February 23, 1921
Department 1.
Appeal from Superior Court, King County; Boyd J. Tallman, Judge.
Charles W. Kelch was convicted of being an habitual criminal and he appeals. Affirmed.
James M. Palmer, of Seattle, for appellant.
Fred C. Brown and Jno. A. Frater, both of Seattle, for the State.
HOLCOMB, J.
The appellant appeals from a conviction and sentence to life imprisonment upon a charge of being an habitual criminal.
Ten assignments of error are made, which, condensed,[114 Wash. 602] are substantially as follows: (1) That appellant should have been sentenced after being convicted of grand larceny, and before the second information, charging him with being an habitual criminal, was filed; (2) that the court should have quashed the information charging appellant with being an habitual criminal; (3) that the same judge who tried him on the charge of grand larceny should also have tried him on the charge of being an habitual criminal; (4) that the court which tried him for being an habitual criminal erred in not sentencing him; and (5) that the court which did sentence him, being the same court which tried and convicted him of grand larceny, erred in sentencing him to life imprisonment after being advised by the prosecuting attorney that appellant had been convicted of being an habitual criminal, and that the court was wholly without jurisdiction to so pass sentence upon him.
Appellant brings up two records: (1) The conviction of grand larceny after trial before his honor, Judge Jurey, and (2) of a conviction of being an habitual criminal upon three convictions for felony.
The original information is not assailed, and there is no question of the sufficiency of the information or the proceedings upon which he was tried on the charge of grand larceny before Judge Jurey. There is no attack made upon the second information, except upon the ground that the state had no right to file such second or supplemental information prior to appellant's being sentenced upon the conviction of grand larceny by the judge before whom he was tried therefor. Upon his conviction of grand larceny, and before his sentence, the state filed a supplemental or further information charging him with being an habitual criminal, from having been three times convicted of crime, as denounced in the statute upon habitual criminals [114 Wash. 603] (section 2286, Rem. Code); and upon this second information appellant was tried before another judge of the superior court of King county, his honor, Judge Tallman. Upon his plea to the information he was placed upon trial before a jury, and upon the record was convicted. He was then taken before Judge Jurey, who tried him upon the grand larceny charge, and by him sentenced, as the statute requires, to life imprisonment.
We think there is no merit in any of appellant's contentions. We have, in State v. Driscoll, 86 Wash. 245, 150 P. 2, held that under the previous statutes (section 2178 and 2179, Rem. & Bal. Code), which were superseded by section...
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State v. Waterhouse
...to charge in the same manner. State v. Gustafson, 87 Wash. 613, 152 P. 335; State v. Cotz, 94 Wash. 163, 161 P. 1191; State v. Kelch, 114 Wash. 601, 195 P. 1023; State v. Spencer, 130 Wash. 595, 228 P. "While many questions have arisen under the act it must be admitted that in none of the c......
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State v. Starrish, No. 43505
...criminal proceedings is 'a part of the original felony case,' notwithstanding the characterization of his proceeding in State v. Kelch, 114 Wash. 601, 605, 195 P. 1023, (1921). It is not argued that the underlying felony in this case, second degree assault, does not involve a criminal prose......
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Macomber v. State et al.
...cite Dodd v. Martin, 248 N.Y. 394, 162 N.E. 293, State v. Graham, 68 W. Va. 248, 69 S.E. 1010, 40 L.R.A. (N.S.) 924, and State v. Kelch, 114 Wash. 601, 195 P. 1023. The Dodd case was based upon mandamus to compel the sentencing judge to proceed in harmony with the Baumes Laws; the decision ......
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State v. Stump, 28806.
...to charge in the same manner. State v. Gustafson, 87 Wash. 613, 152 P. 335; State v. Cotz, 94 Wash. 163, 161 P. 1191; State v. Kelch, 114 Wash. 601, 195 P. 1023.' The opinion continues: 'While many questions have arisen under the act it must be admitted that in none of the cases that have s......
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State v. Waterhouse
...to charge in the same manner. State v. Gustafson, 87 Wash. 613, 152 P. 335; State v. Cotz, 94 Wash. 163, 161 P. 1191; State v. Kelch, 114 Wash. 601, 195 P. 1023; State v. Spencer, 130 Wash. 595, 228 P. "While many questions have arisen under the act it must be admitted that in none of the c......
-
State v. Starrish, No. 43505
...criminal proceedings is 'a part of the original felony case,' notwithstanding the characterization of his proceeding in State v. Kelch, 114 Wash. 601, 605, 195 P. 1023, (1921). It is not argued that the underlying felony in this case, second degree assault, does not involve a criminal prose......
-
Macomber v. State et al.
...cite Dodd v. Martin, 248 N.Y. 394, 162 N.E. 293, State v. Graham, 68 W. Va. 248, 69 S.E. 1010, 40 L.R.A. (N.S.) 924, and State v. Kelch, 114 Wash. 601, 195 P. 1023. The Dodd case was based upon mandamus to compel the sentencing judge to proceed in harmony with the Baumes Laws; the decision ......
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State v. Stump, 28806.
...to charge in the same manner. State v. Gustafson, 87 Wash. 613, 152 P. 335; State v. Cotz, 94 Wash. 163, 161 P. 1191; State v. Kelch, 114 Wash. 601, 195 P. 1023.' The opinion continues: 'While many questions have arisen under the act it must be admitted that in none of the cases that have s......