4 Wash. 328 | Wash. | 1892
The opinion of the court was delivered by
The appellant was convicted of murder in the first degree, and he took an appeal to this court, alleging three grounds of error: First, That the court erred in refusing him a continuance; second, that the court erred in rejecting the testimony of a certain non-expert witness whereby-it was sought to prove that appellant was insane; third, that the judge committed error in saying to the jury, “you will be left to determine between the demands of public justice and the defense of the prisoner at the bar.”
It appears by the record that on the 26th day of September, 1891, by consent of both parties, the cause was set for trial for October 12th following. When the cause was called for trial, a continuance was asked for the purpose of obtaining the attendance of one Paul Carrington as a witness for the defense, who was a resident of the county of Stevens, in this state. A supoena was issued for him on behalf of the defendant on the 5th day of October, but the only step taken toward obtaining a service thereof was to deliver it to the sheriff of Spokane county, with a request that he send it to the sheriff of Stevens county for service. It does not appear that said sheriff either refused or consented to do so, or that the defendant paid any further attention to the matter until the time set for trial,
As to the second ground alleged: On the trial, one Charles Scutcheon, a non-expert witness, was asked his opinion of the defendant’s sanity. An objection by the state to his testifying thereto was sustained by the court on the ground that no foundation-had been laid for this testimony sufficient to warrant its introduction. The defendant was on trial for the murder of his wife. Some time prior to the commission of the offense he had become sep
“ Prom your conversations with Mr. Brooks, and from yur observation of his conduct, what was your opinion a§ to his sanity ? ”
Preliminary to his instructions to the jury, in alluding to the conclusion of the trial, the judge used the language attributed to him upon which the last ground of error is founded. The appellant undertakes to makethe point that thereby the impression was conveyed to the jury that “public justice” demanded the conviction of the defendant, but this would be giving it a strained technical meaning, it seems to us, and one not likely to have influenced the jury. There is no other legal principle probably so thoroughly imbedded in the minds of the people of this country, and so well and commonly understood as the one that any person charged with a crime is presumed to be innocent until proven guilty; nor could any American citizen be made to understand thatpublic justice could demand the conviction of an innocent person under any circumstances; and we do not think that the remark of the trial judge can be construed as having operated upon the minds of the-jury, to the prejudice of the defendant, or that it was calculated to influence them in theirfindings. Perhaps the words would have been better left unsaid, but there was no.foundation for error unless the defendant could have been prejudiced by the remark. It could hardly be interpreted as meaning thatpublic justice demanded the conviction of the prisoner, for public justice would demand his acquittal, in case of his innocence, certainly just as strongly as it would demand
After a careful consideration of the different grounds of error, alleged by the defendant, we are satisfied from the record that the defendant had a fair and impartial trial; that there was no error upon the part of the court; consequently the judgment and sentence is affirmed, and the cause is remanded, with instructions to the lower court, to appoint a day for the carrying of its sentence into effect according to law.
Anders, O. J., and Hoyt, Dunbar and Stiles, JJ., concur.