43 Wash. 267 | Wash. | 1906
The defendant, J. D. McLain, has been convicted of the crime of arson, and appeals to- this court. He (presents numerous assignments of error, many of which are purely technical and cannot be considered in detail in an opinion of reasonable length. We will, however, pass upon all controlling questions raised in his brief.
It is contended that the court erred in overruling appellant’s demurrer to- the information, which, omitting caption and jurat, reads as follows:
“J. H. McLain is accused by A. W. Barry, special plroser cuting attorney herein by this information of the crime of arson, committed as follows: The said J. D. McLain, on or about the twentieth day of August, 1904, in the county of Okanogan, state of Washington, then and there being, did then and there unlawfully, wilfully and feloniously set fire to and burn a certain barn building, the property of another, to wit: J. D. Lyda of the value of eight hundred and fifty dollars, contrary to the foam of the statute in such case made and provided, and against the peace and dignity of the people of the state of Washington.”
In argument appellant contends that this information is insufficient because it does not allege that the situs of the barn clainaed to have been burned was in Okanogan county. The demuau’er was properly overruled. State v. Meyers, 9 Wash. 8, 36 Pac. 1051.
It is contended that the trial court erred in permitting the state, over appellant’s objection, to show the contents of said barn, which included one horse, two saddles, a wagon, a large amount of hay, and other personal property; and that the court also erred in permitting the state to show that certain other buildings belonging to J. H. Lyda were located near said barn. Appellant iaasists that the only purpose of this evidence was to inflame the minds of the jury against him by
“The term ‘structure’ in this article shall be held to mean and shall include in meaning, any . . . barn . in which property is placed or stored, or which is used or intended to be used for such purpose . . . ”
It was certainly proper for the state to' prcnve the contents of the building destroyed so that it might be shown to have been a barn constituting a “structure” as defined in said § 7095. It was also competent for the state to' show the location of Mr. Lyda’s adjacent buildings, it having appeared that certain witnesses who first discovered the fire were sleepr ing there. The evidence objected to- tended to disclose the exact situation, the surrounding circumstances and the opportunities of these witnesses for learning and knowing the facts detailed in their evidence.
At the close of the state’s opening case
The only defense attempted by appellant, other than an alleged alibi, consisted in a claim advanced by him that the bam had been burned by one Bales, who was deceased at the
“We do not regard this, ruling as erroneous. Threats of a third person, other than the prisoner on trial, against the victim of the crime charged, are mere hearsay, and are inadmissible. Evidence of this character tends to draw away the minds of the jury from the point in issue, which is the guilt or innocence of the prisoner, and to excite their prejudices and mislead them. 1 Greenleaf, Ev. §§ 51, 52; Walker
The evidence offered was not competent for the purpose of showing that Bales had burned the barn, as no other evidence of any kind was offered tending to implicate him. It was not contended that he had been seen, near the barn. Nor were any circumstances disclosed creating any suspicion of guilt against him. State v. Crawford, 99 Mo. 74, 12 S. W. 354; State v. Fletcher, 24 Ore. 295, 33 Pac. 575.
Appellant has complained of instructions given; and also that instructions requested by him were erroneously refused. We have carefully examined all of the instructions and find that they fully and fairly stated and covered all the law of the case. Most of them were based upon instructions heretofore approved by the rulings of this court. All instructions requested by the appellant, to' which he was entitled and which he claims were refused, were fairly included in other instructions actually given.
From a careful examination of the entire record we are satisfied that the appellant has had a fair trial, and' the judgment is therefore affirmed.
Mount, C. J., Dunbar, Fullerton, Budkin, and Hadley, JJ., concur.