Territory v. Heywood
Washington Territory
Error, to Second Judicial District, holding terms at Olympia. The defendant was charged with stealing one horse, the property of “.Mary,” whose name is to the Grand Jury unknown, and one horse, the property of -, whose name- is to the jury unknown. The proof showed that one horse was the property of Mrs. O’Shay, and that the witness did not know the name of the owner of the other hoi’se. This witness was not examined by the Grand Jury.
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Error, to Second Judicial District, holding terms at Olympia. The defendant was charged with stealing one horse, the property of “.Mary,” whose name is to the Grand Jury unknown, and one horse, the property of -, whose name- is to the jury unknown. The proof showed that one horse was the property of Mrs. O’Shay, and that the witness did not know the name of the owner of the other hoi’se. This witness was not examined by the Grand Jury. The instructions of the Court to the jury were, in effect, that in the absence of evidence, they might assume that the horses were the property of Mary, whose…
1Opinion of the Court
Opinion by
Hoyt, Associate Justice.
The plaintiff in error herein was indicted by the Grand Jury for the crime of horse stealing, and upon his plea of not guilty to said indictment, trial was had, and a verdict of guilty rendered ; whereupon the said defendant entered a motion in ar*183rest of judgment and for a new trial, on the ground that the said indictment charged more than one offense, and that the jury were misdirected by the Court as to the law of the case ; and to reverse the action of the Court below in denying such motion, the case has been brought here for review upon the questions…
2Cited by2 opinions
- State v. EstillWashington Supreme Court · 1957
- State v. PiersonWashington Supreme Court · 1918