Legal Opinion

State v. Eubank

Washington Supreme Court

Decided December 2, 1903No. 4709PublishedCited by 13 opinions

Appeal from a judgment of the superior court for "Whitman county, Chadwick, J., entered July 19, 1902, after a trial and conviction of the crime of larceny.

1Opinion of the CourtHadley, J.

Appellant was charged with stealing, taking, and driving away, one gray gelding of the value of $60, the property of one Charles Johnson. The jury returned a verdict of guilty as charged. A motion for a *295new trial was denied and judgment was entered upon the verdict, by the terms of which appellant was sentenced to serve a term of five years in the state penitentiary. He has appealed from the judgment.

It is assigned as error that the court overruled a motion for nonsuit—in effect a motion for acquittal of appellant— at the close of respondent’s case. It is urged in support of this assignment…

2Cases cited4 opinions

  1. State v. WaltersWashington Supreme Court · 1893
  2. State v. BlissWashington Supreme Court · 1902
  3. State v. HydeWashington Supreme Court · 1900
  4. State v. ElswoodWashington Supreme Court · 1896

3Cited by13 opinions

  1. State v. PorteeWashington Supreme Court · 1946
  2. State v. RosiWashington Supreme Court · 1922
  3. In re MileckeWashington Supreme Court · 1909
  4. Lyon v. LyonSupreme Court of Oklahoma · 1913
  5. People Ex Rel. Woronoff v. . MallonNew York Court of Appeals · 1918

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