State v. Miles
| Decision Date | 16 November 1896 |
| Citation | 15 Wash. 534,46 P. 1047 |
| Parties | STATE v. MILES. |
| Court | Washington Supreme Court |
Appeal from superior court, Spokane county; Norman Buck, Judge.
George Miles was convicted of larceny, and appeals. Reversed.
Plummer & Thayer, for appellant.
J. W. Feighan, for the State.
The defendant was convicted of larceny, and has appealed. One of the errors complained of is the failure of the court to instruct the jury in writing, the defendant having requested the court to give written instructions. The charge given was partly written and partly oral, and for this reason the case must be reversed, and remanded for a new trial. The fact that a stenographer was present, who took down the charge as given, was not a sufficient compliance with the statute. Another error complained of was in relation to the impeachment of a witness. Testimony had been introduced to show that his reputation for truth and veracity was bad, and the witnesses were then asked whether, from their knowledge of his reputation, they would believe him under oath, and the court sustained an objection to the question. We think the weight of authority is now against permitting witnesses to testify to their opinions in this respect, and the objection was properly sustained.
To continue reading
Request your trial
-
State v. Hooker
... ... [170 P. 377] ... would not believe him on oath. This is assigned as error. In ... support of his position appellant cites two decisions of this ... court: State v. Coates, 22 Wash. 601, 615, 616, 61 ... P. 726, and State v. Miles, 15 Wash. 534, 46 P ... 1047. The Coates Case is not applicable. Though the ... admittedly proper question as to whether the impeaching ... witness knew the reputation of the witness whose testimony ... was there assailed for truth and veracity in the community in ... ...
-
State v. Coates
... ... by the state as immaterial, irrelevant, and incompetent. The ... objection was sustained, and defendant excepted to this ... ruling. The ruling of the court was correct, and the ... objection was properly sustained. State v. Miles, 15 ... Wash. 534, 46 P. 1047 ... The ... tenth error complained of is that the court erred in ... admitting the testimony of the witness Hobart. This witness ... was called in rebuttal by the state at the close of the ... appellant's testimony. A ... ...
-
McIntosh v. Sawmill Phoenix
...in writing when requested. This requirement is mandatory, and error follows from a wrongful refusal to comply therewith. State v. Miles, 15 Wash. 534, 46 P. 1047; v. Mayo, 42 Wash. 540, 85 P. 251. The judgment is reversed, and the cause remanded for a new trial. HADLEY, C.J., and ROOT and C......