State v. Swane
| Decision Date | 16 November 1944 |
| Docket Number | 29348. |
| Parties | STATE v. SWANE. |
| Court | Washington Supreme Court |
Department 2.
Victor Swane was convicted on three counts of having carnal knowledge of three different fifteen year old boys, and he appeals.
Affirmed as to count 1 and 3, reversed as to count 2, and such count dismissed.
Appeal from Superior Court, Clark County; Charles W. Hall, judge.
McMullen & Snider, of Vancouver, for appellant.
R DeWitt Jones and Albert M. Nanney, both of Vancouver, for respondent.
The subject matter of this appeal is of such a disgusting nature that only an irreducible minimum of the particulars will be recited in this opinion.
Appellant was informed against in three separate counts charging him with carnal knowledge of three different fifteen-year-old boys, two by anus and the other by mouth. The jury returned a verdict of guilty on all three counts. The appropriate post trial motions were made and overruled, and appellant was given the maximum sentence of ten years on each count, said sentences, however, to run concurrently.
The first contention raised on appeal is that the court erred in permitting the complaining witness, as to the first count, to testify that the defendant carnally knew him on several occasions prior to the date of the offense relied upon. In support of this contention, appellant cites State v Mertz, 129 Wash. 420, 225 P. 62. There is no merit in this contention. See, State v. Oberg, 187 Wash. 429 60 P.2d 66, which is directly adverse, and State v Jordan, 6 Wash.2d 719, 108 P.2d 657, wherein the question here raised was thoroughly discussed and the Mertz case distinguished.
The appellant further contends that the evidence submitted by the state in support of count II was insufficient to support a conviction. We will not quote this evidence, but we have examined it with care and have arrived at the following conclusions: The question raised turns upon the construction to be given to two short questions propounded to the prosecuting witness and his two short answers thereto. Under one construction, which has some trifling collateral support in other evidence, these questions and answers are equivalent to testimony that the crime charged in count II was actually committed, but, under another and permissible construction, only an attempt is shown. When this point was first raised, by a motion for nonsuit at the close of...
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State v. Melrose
...to commit the misdemeanor without actually committing it. State v. Charley, 48 Wash.2d 126, 291 P.2d 673 (1955); State v. Swane, 21 Wash.2d 772, 153 P.2d 311 (1944). It is well settled that a police officer may not make a warrantless arrest for a misdemeanor including one made such by a cit......
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United States v. Kelly, Cr. No. 1551.
...that only an attempt was made as that the crime charged was completed, a conviction of the crime charged cannot stand. State v. Swane, 1944, 21 Wash.2d 772, 153 P.2d 311. As in all criminal cases, there must be substantial evidence of facts consistent with guilt and inconsistent with every ......
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State v. Collier
... ... acts.' ... The ... rule of the Tilden and Oberg cases, and earlier cases therein ... cited, has been recently reaffirmed and applied in State ... v. Jordan, 6 Wash.2d 719, 108 P.2d 657, and still more ... recently in State v. Swane, 21 Wash.2d 772, 153 P.2d ... 311, in which case, as in the Oberg case, three counts ... charging sodomy as to three different boys were joined in one ... information ... Three ... of the remaining assignments of error relate to the ... court's refusal ... ...
- State v. Bogart, 29356.