118 Wash. 611 | Wash. | 1922
Lead Opinion
— The appellant was convicted in the justice court, and subsequently, on appeal, in the superior court, on a complaint which charged that he “had in his possession intoxicating liquor other than alcohol.” On the trial, the state introduced evidence that the appellant’s dwelling had been entered and evidence obtained under a search warrant, which was introduced in evidence. The court denied the appellant the right to cross-examine the witness as to the validity of the search warrant.
Noticing this last claim of error first, we are inclined to believe that the court should have permitted the
Upon the question as to whether the complaint was sufficient, we are of the opinion that it was not, for it did not sufficiently inform the defendant as to what was charged against him, and it was so indefinite that a judgment upon it could not be used as a plea in bar to a further prosecution based upon the same facts. The statute under which the prosecution took place defines what constitutes intoxicating liquor, and provides that the possession of such intoxicating liquor capable of being used as a beverage is unlawful. The complaint did not state the nature of the intoxicating liquor which it alleged that the appellant possessed, nor did it state that the intoxicating liquor which he possessed was capable of being used as a beverage. So it is apparent that the appellant, reading the complaint, could not he apprised of the crime with which he. was charged. See State v. Carey, 4 Wash. 424, 30 Pac. 729; State v. Muller, 80 Wash. 368, 141 Pac. 910. Nor do we think that the cases of State v. Bodeckar, 11 Wash. 417, 39 Pac. 645; State v. Moser, 98 Wash. 481, 167 Pac. 1101; and State v. Koerner, 103 Wash. 516, 175 Pac. 175, hold to any contrary doctrine. The Bodeckar case merely held that it was not necessary to state in the
The court should have granted the defendant’s motion for arrest of judgment, and for that reason the judgment is reversed.
Main, Holcomb, and Hovey, JJ., concur.
Concurrence Opinion
(concurring) — I concur in the view that the case should be reversed because of the insufficiency of the complaint.