Leonard v. Territory
Washington Territory
Wingakd, Associate Justice, dissents from the reasoning and conclusion as to the sufficiency of the indictment. Turner, Associate Justice, dissents from the reasoning of the Court as to the'thirteenth instruction, holding that the failure of the accused to offer evidence can in no case be regarded by a jury as a circumstance tending to establish guilt.
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Wingakd, Associate Justice, dissents from the reasoning and conclusion as to the sufficiency of the indictment. Turner, Associate Justice, dissents from the reasoning of the Court as to the'thirteenth instruction, holding that the failure of the accused to offer evidence can in no case be regarded by a jury as a circumstance tending to establish guilt. Error, to Second Judicial District, holding terms at Olympia* The prisoner, Andrew J. Leonard, was found guilty of murder in the first degree, and sentenced to death, on an indictment that charged him with purposely and of his deliberate malice…
1Opinion of the Court
Opinion by
Greene, Chief Justice.
The plaintiff in error prosecutes this suit to reverse a judgment of death against him, and to procure a new trial. He was indicted in November, 1882, as is supposed, for murder in the first degree, and was convicted and sentenced in May, 1884.
Errors in great number and variety are assumed to have occurred in the lower Court, some before, some during, and some subsequent to the trial, any of which, it is claimed, would be sufficient to vitiate the judgment; and all of which, except what otherwise appear of record, are duly saved in a bill of exceptions. We will…
2Cases cited11 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. BrownOregon Supreme Court · 1879
- State v. CurtisSupreme Court of Missouri · 1879
- State v. McCormickSupreme Court of Iowa · 1869
- Snyder v. StateIndiana Supreme Court · 1877
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3Cited by31 opinions
- State v. VangerpenWashington Supreme Court · 1995
- State v. LeachWashington Supreme Court · 1989
- State v. PillatosWashington Supreme Court · 2007
- State v. RehakCourt of Appeals of Washington · 1992
- City of Auburn v. BrookeWashington Supreme Court · 1992
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