Docket No. 42
Decided: Saturday, May 31st, 1890
Opinion: 1 Wash. 275 (1890)
Court: Anders1 Court (1889-1892)
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Undetermined votes indicate that the opinion(s) have not been evaluated yet.
STATE v. SO HO GE, 1 Wash. 275; 24 P. 442 (1890).
SUPREME COURT OF WASHINGTON
May 31, 1890, Decided Error to Superior Court, Walla Walla County.
Court: Judgment reversed. Cause remanded, with instructions.
Counsel: Wellington M. Clark, Thomas H. Brents, and W. C. Jones, Attorney General, for The State.
Judge(s) SCOTT, J. STILES, J., concurs. HOYT, J., concurs in the result in this case, but not in the reasoning in the two cases, above referred to. ANDERS, C. J., and DUNBAR, J., not sitting.
Opinion By: SCOTT The opinion of the court was delivered by SCOTT, J.--Defendant was convicted of murder in the second degree, upon an indictment failing to charge a purpose to kill. A motion by defendant in arrest of judgment was sustained. The state appeals.
In Leonard v. Territory, 2 Wash. Terr. 381, 7 P. 872, the court decided that it was necessary to allege a purpose to kill in order to sustain a conviction for murder under our statutes. We have followed that case in Blanton v. State, ante, p. 265. The indictment in this case is sufficient to charge manslaughter. These matters having been discussed in the last case cited, it is unnecessary to review here. Allowance of the motion in arrest of judgment was, therefore, error, and the same is reversed. The cause is remanded, with instructions to the court below to sentence the defendant for manslaughter upon the conviction already had.
STILES, J., concurs.
HOYT, J., concurs in the result in this case, but not in the reasoning in the two cases, above referred to.
ANDERS, C. J., and DUNBAR, J., not sitting.