Terry v. State
Washington Supreme Court
Error to Superior Court, King County. Indictment against J. E. Terry for larceny. The facts sufficiently appear in the opinion. The omission to charge in the indictment that the defendant was an agent “ for hire ” is fatal.
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Error to Superior Court, King County. Indictment against J. E. Terry for larceny. The facts sufficiently appear in the opinion. The omission to charge in the indictment that the defendant was an agent “ for hire ” is fatal. The court below held that the words “ for hire ” did not apply to “ any officer, agent, clerk or servant,” but only any one included in the word “person,” and that the word “person” as used in that statute meant any person other than an officer, agent, clerk or servant, and that the words “for hire ” only applied to such persons. The familiar rule of ejusdem generis not…
1Opinion of the Court
The opinion of the court was delivered by
Dunbar, J.
The indictment under which the appellant was convicted of larceny was under § 835 of the code, and, omitting the formal parts, was as follows:
“The said J. E. Terry, on the 25th day of May, A. D. *2781889, in the county of King, in the district aforesaid, then and there being the agent of one W. H. Gleason for sale of a certain horse, then and there the personal property of said W. H. Gleason, did then and there sell the said horse to one F. E. Scott for the sum and price of one hundred and ninety dollars, and did then and there by virtue of…
2Cited by1 opinion
- State v. TurnerWashington Supreme Court · 1894