title:
William M White, Plaintiff in error vs Territory of Washington, Defendant in error, Brief of Plaintiff in error.
creator:
William M. White
contributor:
John Arthur
contributor:
Struve
contributor:
Haines
contributor:
McMicken
date:
1888-01-01
publisher:
Supreme Court of the Territory of Washington
type:
Criminal
subject:
Criminal
language:
eng
format:
application/pdf
description:
Prior History: ERROR to the District Court holding terms at Tacoma. Second District.All the necessary facts are fully stated in the opinion of the court.Jurors – Qualifications of – Women – Sec. 3050 of Code – Title – The amendment to section 3050 of Code, purporting to confer the right of suffrage and the right to be jurors upon women, is invalid, on account of having a defective title. The case of Harland v. Territory, ante, p. 131, reaffirmed. Whether or not the territorial legislature has the power to confer upon women the elective franchise, quoere?Indictment – Murder – Manslaughter – Section 1028 of Code – Under Section 1028 of the Code, a conviction for manslaughter may be had under an indictment charging murder in the first degree.Evidence – Self Defense – Threats – Instructions – In a case of felonious homicide, when the prisoner pleads self defense, and evidence tending to show communicated and uncommunicated threats by deceased against the defendant has been given, it is error to refuse an instruction that “uncommunicated threats are only valuable in a case of this kind as tending to show the feelings and intent of the deceased towards the defendant at the time of their encounter, and whether or not the deceased so acted at the time of the shooting as to induce in the mind of the defendant an honest belief that the deceased intended to kill him, or do him great bodily harm. Communicated threats are valuable for the same purpose, and as also tending to throw light on the state of mind of the defendant at and just before the shooting, and as tending to show that his acts in shooting were not malicious.”Possession of Lands – Right of Entry – Owner – A person, though the owner, has no right to invade forcibly the actual peaceable occupancy of land by another, even if the latter holds the same without right. By doing so he is a trespasser, and such possessor has he right to defend himself and his possession, if unlawfully assailed by such owner.Self Defense – When a man is placed in such a position, that a reasonable prudent man, but the facts and circumstances surrounding him, would have in good faith a well founded belief that his life was in peril, he will be justified in using such means in defense of himself, and to such an extent, as may fairly appear to be necessary in such defense.Jury – Challenges – Court, Discretion of – The trial of challenges to jurors by the court involves the trial of an issue of fact, and its determination is largely discretionary. The Supreme Court will not disturb the findings of the court below, unless the record discloses an abuse of such discretion.
relation:
White v. Territory, 3 Wash. Terr. 397 (1888)
relation:
19 P. 37
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf