State v. Makovsky

Decision Date25 January 1912
Citation67 Wash. 7,120 P. 513
CourtWashington Supreme Court
PartiesSTATE v. MAKOVSKY.

Department 2. Appeal from Superior Court, King County; Wilson R. Gay Judge.

Lewis Makovsky was charged with grand larceny, and from a judgment of dismissal, rendered on sustaining a demurrer to the information, the state appealed. Reversed and remanded.

John F Murphy and Alfred H. Lundin, for the State.

Miller & Lysons, for respondent.

MOUNT J.

The defendant was charged with the crime of grand larceny, by an information which described the offense as follows: 'He the said Lewis Makovsky, in the county of King, state of Washington, on the 17th day of May, A. D. 1910, with intent to deprive and defraud the owner thereof, willfully unlawfully, and feloniously, did buy, receive, and aid in the concealment of the following described stolen property, to wit, one (1) diamond ring of the value of fifty dollars ($50) in lawful money of the United States, the property of one Ida Michaels, and four (4) forks, six (6) table knives, one (1) nutcracker, and ten (10) nut picks, five (5) fruit knives, six (6) teaspoons, five (5) teaspoons, four (4) dessert spoons, and one (1) pickle fork, one (1) souvenir spoon, one (1) berry spoon, and one (1) pie knife, of the aggregate value of fifteen dollars ($15) in lawful money of the United States, the property of one Sophia Michaels, all of the total value of sixty-five dollars ($65) in lawful money of the United States, the said Lewis Makovsky then and there knowing said property, and the whole thereof, to have been stolen, contrary,' etc. The trial court sustained a demurrer to this information, upon the ground that more than one offense was charged, and dismissed the action. The state has appealed.

It is argued by the appellant that the information is sufficient, and not subject to the objection that it is duplicitous under the rule as followed by this court in State v. Butts, 42 Wash. 455, 85 P. 33; State v. McCormick, 56 Wash. 469, 105 P. 1037; and State v. Laws, 61 Wash. 533, 112 P. 488. We are satisfied that the information is sufficient under the rule of those cases.

Counsel for defendant rely upon the rule in State v. Bliss, 27 Wash. 463, 68 P. 87, which, no doubt, supports that contention. They seek to distinguish this case from the cases referred to above, by reason of the fact that it was alleged in those cases that the defendant, in a certain county, on a given date, 'then and there being,' did take the property. It is apparent, however, that the informations in the Bliss Case, the Butts Case, and the Laws Case are identical in the respect that each contains these same words in the same connection. In the Laws Case, referring to the case of State v. Bliss, we said: 'There are, however, two decisions of this court, rendered since then, which have the effect of overruling State v. Bliss, and clearly support the contention here made by the learned prosecuting attorney that the information does not charge more than one crime. They are State v. Butts, 42 Wash. 455 , and State v. McCormick, 56 Wash. 469 . The holding in these cases seems to be supported by the great weight of authority.' By this statement there can be no doubt that we there expressly overruled State v. Bliss. We then quoted from Furnace v....

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8 cases
  • State v. McReynolds, 20863-0-III, 20887-7-III, 21222-0-III, 21240-8-III.
    • United States
    • Washington Court of Appeals
    • June 10, 2003
    ...be said to charge but one offense against the state, and is not open to the objection that it is bad for duplicity." State v. Makovsky, 67 Wash. 7, 8-9, 120 P. 513 (1912) (quoting Furnace v. State, 153 Ind. 93, 54 N.E. 441 The critical question here is whether this rule survived the enactme......
  • Richey v. State
    • United States
    • Wyoming Supreme Court
    • October 18, 1921
    ... ... Ackerman, supra. Counsel rely upon State v ... Bliss, 27 Wash. 463, 68 P. 87 and Joslyn v ... State, 128 Ind. 160, 27 N.E. 492, 25 Am. St. Rep. 425, ... but neither case can be accepted as authority in support of ... the motion ... It ... appears from State v. Makovsky, 67 Wash. 7, 120 P ... 513, that the Bliss case has been expressly overruled, and by ... Furnace v. State, 153 Ind. 93, 54 N.E. 441, the ... Joslyn case, if not overruled, has been limited, as an ... authority, to those cases where the information does not ... charge that the different [28 ... ...
  • Sweek v. People
    • United States
    • Colorado Supreme Court
    • April 15, 1929
    ... ... rest of his life ... The ... fifth count alleges that on a day specified the defendant, ... within the county of Baca, state of Colorado, did 'then ... and there' steal one horse hide, of the property of Ray ... Martin, two horse hides, of the property of S. L. Thompson, ... State, 128 Ind. 160, 27 ... N.E. 492, 25 Am.St.Rep. 425) have been overruled. See State ... v. Laws, 61 Wash. 533, 112 P. 488; State v. Makovsky, 67 ... Wash. 7, 120 P. 513; Furnace v. State, 153 Ind. 93, 54 N.E ... 441. In Richey v. State, 28 Wyo. 117, 201 P. 154, 205 P. 304, ... ...
  • Sweek v. People
    • United States
    • Colorado Supreme Court
    • April 15, 1929
    ... ... rest of his life ... The ... fifth count alleges that on a day specified the defendant, ... within the county of Baca, state of Colorado, did 'then ... and there' steal one horse hide, of the property of Ray ... Martin, two horse hides, of the property of S. L. Thompson, ... State, 128 Ind. 160, 27 ... N.E. 492, 25 Am.St.Rep. 425) have been overruled. See State ... v. Laws, 61 Wash. 533, 112 P. 488; State v. Makovsky, 67 ... Wash. 7, 120 P. 513; Furnace v. State, 153 Ind. 93, 54 N.E ... 441. In Richey v. State, 28 Wyo. 117, 201 P. 154, 205 P. 304, ... ...
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