State v. So Ho Ge

CourtUnited States State Supreme Court of Washington
Writing for the CourtSCOTT, J.
PartiesSTATE v. SO HO GE.
Decision Date31 May 1890

24 P. 442

1 Wash. 275

STATE
v.
SO HO GE.

Supreme Court of Washington

May 31, 1890


Appeal from superior court, Walla Walla county.

Wellington M. Clark, for appellant.

L. H. Plattor, for the State.

SCOTT, J.

Defendant was convicted of murder in the second degree upon an indictment failing to charge a purpose to kill. A motion by defendant [24 P. 443.] in arrest of judgment was sustained. The state appeals.

In Leonard v. Territory, 2 Wash. T. 381, 7 P. 872, the court decided that it was necessary to allege a purpose to kill in order to sustain a conviction for murder [1 Wash. 276] under our statutes. We have followed that case in Blanton v. State, ante, 439, (just decided.) The indictment in this case is sufficient to charge manslaughter. These matters having been discussed in the last case cited, it is unnecessary to review here. Allowance of the motion in arrest of judgment was therefore error, and the same is reversed. The cause is remanded, with instructions to the court below to sentence the defendant for manslaughter upon the conviction already had.

STILES, J., concurs.

HOYT, J., ( dissenting.)

I concur in the result in this case, but not in the reasoning, in the two cases above referred to.

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2 practice notes
  • State v. Webb
    • United States
    • Idaho Supreme Court
    • January 20, 1899
    ...State, 1 Wash. 265, 24 P. 439; Maxwell's Criminal Practice, 176-185; Leonard v. Territory, 2 Wash. Ter. 381, 7 P. 872; State v. So Ho Ge, 1 Wash. 275, 276, 24 P. 442, 443; State v. McCormick, 27 Iowa 402; Fouts v. State, 4 G. Greene (Iowa), 500; Wright v. Territory, 5 Okla. 78, 47 P. 1069; ......
  • Blanton v. State
    • United States
    • United States State Supreme Court of Washington
    • May 31, 1890
    ...appeal. In this case the sufficiency of the indictment is not attacked in the least degree, either in the assignment of errors or in the [1 Wash. 275] briefs, and was first suggested by the oral argument on the part of the plaintiff in error. To hold that such a question can thus be raised ......
2 cases
  • State v. Webb
    • United States
    • Idaho Supreme Court
    • January 20, 1899
    ...State, 1 Wash. 265, 24 P. 439; Maxwell's Criminal Practice, 176-185; Leonard v. Territory, 2 Wash. Ter. 381, 7 P. 872; State v. So Ho Ge, 1 Wash. 275, 276, 24 P. 442, 443; State v. McCormick, 27 Iowa 402; Fouts v. State, 4 G. Greene (Iowa), 500; Wright v. Territory, 5 Okla. 78, 47 P. 1069; ......
  • Blanton v. State
    • United States
    • United States State Supreme Court of Washington
    • May 31, 1890
    ...appeal. In this case the sufficiency of the indictment is not attacked in the least degree, either in the assignment of errors or in the [1 Wash. 275] briefs, and was first suggested by the oral argument on the part of the plaintiff in error. To hold that such a question can thus be raised ......

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