State v. Westphal

A jury having found defendant guilty of second degree burglary, he appeals from a judgment and sentence of not more than 15 years in the penitentiary.

First, defendant urges that he was charged by information rather than by an indictment by a grand jury which, he claims, contravenes his constitutional rights as provided by the fifth amendment to the Constitution of the United States.

A defendant may be charged in the state of Washington either by indictment by a grand jury or by an information filed by the prosecuting attorney. Washington Constitution Art. 1, § 25; RCW 10.37.015; RCW 10.37.026;…