State v. Spencer

• Decision Date: 20 September 1924
• Docket Number: 18606.
• Citation: 130 Wash. 595,228 P. 689
• Parties: STATE v. SPENCER.
• Court: Washington Supreme Court

228 P. 689

130 Wash. 595

STATE v. SPENCER.

No. 18606.

Supreme Court of Washington

September 20, 1924

Department 2.

Appeal from Superior Court, Spokane County; Blake, Judge.

Ed Spencer was convicted under Habitual Criminal Act, and he appeals. Affirmed.

Crandell & Crandell, of Spokane, for appellant.

Charles H. Leavy and Frank Funkhouser, both of Spokane, for the State.

FULLERTON J.

The appellant was convicted under the Habitual Criminal Act (Laws 1909, p. 890). The charging part of the information on which the conviction was had reads as follows:

'That said defendant, Ed. Spencer, alias Eddie Rivers alias Ed Rivers, alias Ed Ralston, alias George Williams, on or about the 15th day of December, 1909, in the county of Dallas, state of Texas, under the name of Eddie Rivers, was then and there duly and legally convicted of the crime of burglary, the same being a felony at that time and at all the times since, under the laws of the state of Washington.

'That on or about the 4th day of April, 1910, in the county of McLennan, state of Texas, the said defendant, Ed Spencer, alias Eddie Rivers, alias Ed Rivers, alias Ed Ralston, alias George Williams, under the name of Ed Rivers was then and there duly and legally convicted of the crime of burglary, the same being a felony at that time, and at all times since, under the laws of the state of Washington.

'That on or about the 11th day of April, 1910, in the county of McLennan, state of Texas, the said defendant, Ed. Spencer, alias Eddie Rivers, alias Ed Rivers, alias Ed Ralston, alias George Williams, under the name of Ed Rivers, was then and there duly and legally convicted of the crime of burglary, the same being a felony at that time, and at all times since, under the laws of the state of Washington.

'That on or about the 13th day of March, 1916, in the county of Kay, state of Oklahoma, the said defendant, Ed. Spencer, alias Eddie Rivers, alias Ed Rivers, alias Ed Ralston, alias George Williams, under the name of Ed Ralston, was then and there duly and legally convicted of the crime of burglary, the same being a felony at that time, and at all times since, under the laws of the state of Washington.

'That on the 10th day of September, 1923, in the county of Spokane, state of Washington, the said defendant Ed. Spencer, alias Eddie Rivers, alias Ed Rivers, alias Ed Ralston, alias George Williams, was then and there duly and legally convicted of the crime of burglary in the second degree, the same being a felony.'

At the trial of the cause in the court below the appellant objected to the introduction of any evidence on the part of the state on the ground that the information did not state facts sufficient to constitute a crime. The objection is urged in this court, but we cannot consider it as any longer an open one. Informations in this form were upheld by us in the cases of State v. Rowan, 84 Wash. 158, 146 P. 374, State v. Gustafson, 87 Wash. 613, 152 P. 335, and State v. Cotz, 94 Wash. 163, 161 P. 1191, and to charge the offense in this form has become the settled practice of the prosecuting attorneys throughout the state.

The appellant, however, seems to think that the court, in its prior rulings upon the question, overlooked section 2068 of the Code. Rem. Comp. Stat. But an examination of the cited section will show that it has reference solely...