State v. Phillips

• Decision Date: 05 February 1902
• Citation: 67 P. 608,27 Wash. 364
• Parties: STATE v. PHILLIPS. [1]
• Court: Washington Supreme Court

67 P. 608

27 Wash. 364

STATE v. PHILLIPS. ^[1]

Supreme Court of Washington

February 5, 1902

Appeal from superior court, Snohomish county; Frank T. Reid, Judge.

Thomas Phillips was convicted of larceny, and appeals. Reversed.

Silas M. Shipley and Denney & Hulbert, for appellant.

Walter S. Fulton, for the State.

REAVIS C.J.

The defendant was convicted of the crime of larceny, and sentenced to 10 years' imprisonment. The information charged grand larceny in the following form: 'That he the defendant, in King county, state of Washington, on the 5th day of July, A. D. 1899, the personal goods and property of F. W. Miller, consisting of three hundred and eighty ($380) dollars in lawful money of the United States, of the value of three hundred and eighty ($380) dollars in lawful money of the United States, did willfully, unlawfully, and feloniously take, steal, and carry away.' The verdict of the jury found 'the defendant, Thomas Phillips, guilty as charged.' At the trial the evidence describing the property stolen was given by the prosecuting witness, Miller. Miller stated that he had in a paper package in the inside pocket of his vest three $100 Canadian bills, one or two $5 and six or seven $10 bills, without describing the latter bills in any manner. The evidence also tended to show that the defendant, in connection with two others stole the package with the Canadian and other bills from the prosecuting witness. The record has been carefully examined and no further or more specific discription of the money contained in the package stolen can be gathered from the testimony. The statement of the prosecuting attorney in opening the case before the jury was that defendant feloniously stole and carried away $380 lawful money of the United States, of the value of $380 lawful money of the United States, the personal property of another. The court gave the following instruction, to which exception was duly taken by counsel for defendant: 'The property alleged to have been taken and carried away by the defendant in this case consists of certain Canadian bills, said to have the value here in this country of over thirty dollars. It is for you, gentlemen, to determine whether or not the facts in this case are that this property--these Canadian bills--were feloniously taken and carried away from the prosecuting witness at the time alleged in the information. You must also be satisfied that the property was of the value of thirty dollars.' In section 6859, Ballinger's Ann. Codes &amp St., it is provided: 'In an indictment or information for larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination, or kind thereof.' It was said in State v. Hanshew, 3 Wash. St. 12, 27 P. 1029, with reference to an objection urged against the information that it did not state facts sufficient to constitute a crime, not made until after conviction, that the allegation 'a quantity of money of the value of $77' is sufficient. It is apparent that by the provisions of the above section the term 'money' is a sufficient description when the defendant goes to trial without requiring a more definite specification. But it seems that 'money,' as used in the statute, is lawful money or legal tender, either metal or...