Territory v. Hui Lee

Decision Date25 January 1888
Citation17 P. 884,3 Wash.Terr. 396
PartiesTERRITORY v. HUI LEE ET AL.
CourtWashington Supreme Court

Error to district court.

Code Wash. T. § 1140, under which this writ of error is brought, reads as follows: "Every final judgment, order, or decision of a district court in a criminal prosecution may be re-examined upon a writ of error in the same court for error in fact within one year, and in the supreme court for error in law within two years. The writ may be sued out by the defendant for all errors, and by the prosecuting attorney when the error complained of is in quashing the indictment, or when a judgment is arrested by reason of the facts, as stated in the indictment, not constituting a crime or misdemeanor."

H. J. Snively, for plaintiff in error.

Reavis, Mires & Graves, for defendants in error.

JONES, C.J.

The defendants were indicted for keeping a house in which persons inhaled opium. A jury was called to try the case; and, after being duly impaneled and sworn, an objection was made by defendants to the admission of any evidence because of the insufficiency of the indictment. The objection was sustained, and the jury, under instruction, found and returned a verdict of not guilty, and judgment was rendered thereon. The territory excepted, and bring the case here by writ of error. It is claimed that section 1140 of the Code allows the territory a review of this trial. It is clearly not within the statute, and the writ must be dismissed.

ALLYN and LANGFORD, JJ., concur.

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