Legal Opinion

State v. McDowell

Washington Supreme Court

Decided January 3, 1911No. 8942PublishedCited by 15 opinions

Appeal from a judgment of the superior court for Kittitas county, Kauffman, J., entered October 5, 1909, upon a trial and conviction of assault with intent to commit sodomy.

1Opinion of the CourtGose, J.

The defendant was convicted of the crime of assault with intent to commit sodomy, and has appealed from the judgment entered upon the verdict. The first question raised is that the requirement that a juror shall be a taxpayer (Laws 1909, page 131; Rem. & Bal. Code, § 94), conflicts with the sixth article of amendment to the Federal constitution, which guarantees that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury. This amendment has no reference to prosecutions in state courts for the violation of a state law. 8 Cyc. 1091;…

2Cases cited37 opinions

  1. Thompson v. UtahSupreme Court of the United States · 1898
  2. Maxwell v. DowSupreme Court of the United States · 1900
  3. Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
  4. Edwards v. ElliottSupreme Court of the United States · 1874
  5. Rassmussen v. United StatesSupreme Court of the United States · 1905

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3Cited by15 opinions

  1. State v. HughlettWashington Supreme Court · 1923
  2. State v. Mountain Timber Co.Washington Supreme Court · 1913
  3. City of Pasco v. MacEWashington Supreme Court · 1983
  4. State v. EdelsteinWashington Supreme Court · 1927
  5. West v. United StatesCourt of Appeals for the Sixth Circuit · 1919

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