State v. Collins

Harvey John Collins killed Andrew K. Stolen with a samurai sword. The jury found him guilty of murder in the first degree and determined that the death penalty should be imposed. From the judgment and sentence entered on the jury’s verdict, the defendant has appealed. His sixteen assignments of error will be considered seriatim.

1. Re change of venue: The motion for a change of venue was based upon alleged local passion and prejudice. In State v. Welty (1911), 65 Wash. 244, 249, 118 Pac. 9, we said:

“It must appear, before we would be justified in reviewing [reversing] the trial court’s ruling,…