State v. Wernitsch

• Decision Date: 10 January 1919
• Docket Number: 14876.
• Citation: 177 P. 712,105 Wash. 224
• Parties: STATE v. WERNITSCH.
• Court: Washington Supreme Court

177 P. 712

105 Wash. 224

STATE v. WERNITSCH.

No. 14876.

Supreme Court of Washington

January 10, 1919

Department 1.

Appeal from Superior Court, Yakima County; Geo. B. Holden, Judge.

Polly Wernitsch was convicted of unlawfully selling intoxicating liquor, and she appeals. Affirmed.

William M. Thompson, of North Yakima, and Charles F. Bolin, of Toppenish, for appellant.

O. R. Schumann and J. Lenox Ward, both of North Yakima, for the State.

MITCHELL, J.

Appellant was convicted by a jury of the unlawful sale of intoxicating liquor, and has appealed from the judgment entered on the verdict.

From appellant's brief, which is short and irregular, according to subdivision 2, rule 8 (132 P. xii) of the rules of this court, we understand that only two alleged errors are claimed, viz.: First, the denial of a motion for a new trial; and, second, insufficiency of the evidence to justify the verdict.

As to the motion for a new trial, it was based upon grounds which required it to be supported by affidavits. It appears that affidavits were used, at least they are found in the record here only in the transcript certified to by the clerk of the trial court. These the respondent moves to strike because they are not embodied in a statement of facts or bill of exceptions certified to by the trial judge. The motion must be granted. Hendrix v. Hendrix, 101 Wash. 535, 172 P. 819.

As to the other point, the evidence was conflicting. There was positive and direct evidence to sustain every essential allegation of the information. No exception was taken to any of the instructions given to the jury. Accordingly, it cannot be successfully claimed the verdict and judgment were erroneous in this respect. Singer v. Metz Co., 101 Wash. 67, 171 P. 1032.

Judgment affirmed.

MAIN, C.J., and MACKINTOSH, TOLMAN, and CHADWICK, JJ., concur.