State v. Plautz, 26071.

• Decision Date: 01 April 1936
• Docket Number: 26071.
• Parties: STATE v. PLAUTZ.
• Court: Washington Supreme Court

55 P.2d 1057

185 Wash. 578

STATE v. PLAUTZ.

No. 26071.

Supreme Court of Washington

April 1, 1936

Department 1.

Appeal from Superior Court, King County; Robert M. Jones, Judge.

Proceeding by the State against Frank Plautz. From a judgment of dismissal, the State appeals.

Affirmed.

Warren G. Magnuson and Carl R. Heussy, both of Seattle, for the state.

TOLMAN Justice.

On November 13, 1935, there was filed in the office of the clerk of the superior court for King county an information duly verified which reads:

'I, Warren G. Magnuson, Prosecuting Attorney in and for the County of King, State of Washington come new here in the name and by the authority of the State of Washington, and by this information do accuse Frank Plautz alias Frank Moore alias Peter Smith of being an habitual criminal, as follows, to-wit:

'He, said Frank Plautz alias Frank Moore alias Peter Smith, in the County of King, State of Washington on the 29th day of March, 1934, in the Justice Court Before the Honorable William L. Hoar, Justice of the Peace in and for Seattle Precinct County of King, State of Washington in cause numbered 4354 in said court, was convicted of the crime of petit larceny the same amounting to and being a gross misdemeanor at that time and at all times since, under the laws of the State of Washington;

'He, said Frank Plautz, alias Frank Moore alias Peter Smith, in the County of King, State of Washington, on the 4th day of November, 1935, in the Justice Court Before the Honorable William L. Hoar, Justice of the Peace in and for Seattle Precinct, County of King, State of Washington, in cause numbered 5501 in said court, was convicted of the crime of petit larceny the same amounting to and being a gross misdemeanor at that time and at all times since, under the laws of the State of Washington;

'He, said Frank Plautz alias Frank Moore alias Peter Smith, in the County of Skagit, State of Washington, on the 27th day of February, 1933, in the Justice Court Before the Honorable J. M. Shields, Justice of the Peace in and for Mount Vernon Precinct, County of Skagit, State of Washington in cause numbered 408 Docket A in said court, was convicted of the crime of petit larceny, the same amounting to and being a gross misdemeanor at that time and at all times since, under the laws of the State of Washington.

'Contrary to the form of the statute in such case made and provided, and against the peace and dignity of

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