State v. So Ho Ge

Washington Supreme Court

State v. So Ho Ge

24 P. 442, 1 Wash. 275, 1890 Wash. LEXIS 57

CourtWashington Supreme Court

DecidedMay 31, 1890

DocketNo. 42

StatusPublished

Cited by2 cases

This text of 24 P. 442 (State v. So Ho Ge) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. So Ho Ge, 24 P. 442, 1 Wash. 275, 1890 Wash. LEXIS 57 (Wash. 1890).

Pincite

Opinions

The opinion of the court was delivered by

Scott, J.

Defendant was convicted of’ murder in the second degree, upon an indictment failing to charge a purpose to kill. A motion by defendant in arrest of judgment was sustained. The state appeals.

In Leonard v. Territory, 2 Wash. T. 381, the court decided that it was necessary to allege a purpose to kill in order to sustain a conviction for murder under- our [276]*276statutes. We have followed that case in Blanton v. State, ante, p. 265.

The indictment in this case is sufficient to charge manslaughter. These matters having been discussed in the last case cited, it is unnecessary to review here. Allowance of the motion in arrest of judgment was, therefore, error, and the same is reversed. The cause is remanded, with instructions to the court below to sentence the defendant for manslaughter upon the conviction already had.

Stiles, J., concurs.

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