130 Wash. 243 | Wash. | 1924
The defendant was charged by information filed in the superior court for Pierce county with the crime of grand larceny, as follows:
‘ ‘ That the said Mike Korich in the county of Pierce, in the state of Washington, on or about the 14th day of May, Nineteen hundred and 23 then and there being unlawfully and feloniously and with intent to deprive and defraud George Nizetich, the owner thereof, did take, steal and carry away from said George Nizetich, $4595.00 lawful money of the United States of America, of the value of $4595.00.”
A trial before the court, sitting with a jury, resulted in a verdict of guilty and a judgment rendered thereon
The evidence tended strongly to show, and the jury was fully warranted in believing, as they evidently did believe, the following facts: The prosecuting witness Nizetich, at the time in question, had saved from his earnings approximately $5,000, which he then possessed in the form of Liberty bonds and savings stamps in a safe deposit box and ip. bank deposits. He was induced by appellant and another to get these funds and have them upon his person with a view of buying a farm. This he did, having reduced the Liberty bonds to money. These three were in a hotel in a room at Tacoma. While there, in an apparently friendly conversation concerning the prospective farm purchase, Nizetich was given a drink of water by one of the others and was thereby drugged. He very soon became sleepy and helpless, to the extent that he was not even able to talk, though conscious of what was going on about him. While he was in this condition, one of the others took from his pocket his money and placed it in his (Nizetich’s) grip setting near the bed, telling Nizetich that his money was in his grip. Nizetich almost immediately thereafter became unconscious, having lain down on the bed. The next morning when he woke, up his money was gone. Just when his money was taken does not clearly appear, but later occurrences strongly corroborate the theory of the prosecution that appellant took the money following Nizetich’s becoming wholly unconscious.
It is contended in behalf of appellant that the trial court erred to his prejudice in refusing to strike from the consideration of the jury ‘ ‘ all the evidence in connection with the bunco, so-called, or confidence game.” Counsel for-appellant do not call our attention to any
“Sec. 2601. Every person who, with intent to deprive or defraud the owner thereof — ■
“(1) Shall take, lead or drive away the property of another; or
“(2) Shall obtain from the owner or another the possession of or title to any property ... by any trick, device, bunco game or fortune-telling; . . .
“Steals such property and shall be guilty of larceny. ’ ’
As we read this record, we do not see in it any effort or intent on the part of the prosecution to prove appellant guilty under subd. 2 of the section above quoted, except possibly the somewhat inadvertent concluding remark above quoted, made by the prosecuting attorney in his statement of the case to the jury. This, we think, should be considered as of no moment in our present inquiry in view of the evidence actually introduced by the prosecution. The case, to our mind, is
It is further contended in behalf of appellant that the court erred to the prejudice of appellant in refusing to appoint an interpreter for Nizetich while testifying upon the witness stand. This was a matter within the discretion of the trial court which, it seems quite clear to us, was not abused so far as can be determined from the record before us.
Some contention is made and briefly argued in behalf of appellant that the evidence does not support the verdict and judgment. This contention, we think, is wholly without merit.
The judgment is affirmed.