The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-10-23
STATE SUPREME COURT.
The Klickitat County Larceny and PERI
ry -ApricuIfural College Anne al

The klickitat County Larceny and Perju-
ry yCases-AgricuItural College Appeal.
OLYMPIA, Oct 22.-tSpecial. 1.-The supreme
court today affirmed the Judgment of the Klicki-
tat superior court in the of the state against
Frank Hanshew, convicted of grand larceny.
The question in the case was whether or not the
information stated facts sufficient to constitute
crime. The attack upon the information was
founded upon the manner Ia which the prop
erty alleged to have been stolen, $77 in money.
was described The court says that at common
law the information would have been INSULT
eient, but that section 1,G23 of our code has ma
terially changed such rule, and that under it
much less complete description of money or
other property mentioned therein than that re-
quired in common law is sufficient. 1t is pos
sible that the defendant ought to have been fur
nished with other particulars the opinion states,
but where the question as to the suffciency
of a pleading is not raised until after the ver-
dict every intendment will be brought to the
aid of the pleading.
The judgment in the case of the state vs.. Ed
Smith, who was convicted OF perjury, was re-
versed. This case was also appealed from Kick
itat. Smith is a brother-inlaw of Hanshew,
whose case is above stated, and was the proee-
cutting witness against the latter. After the
conviction of Hanshew Smith made an affidavit,
for the purpose of securing new trial for Han
shew, in which he stated that he had found in
the lining of mis- pants after the sentence of
Hanshew, the money which the latter was con-
victed of stealing from Smith. For making
such affidavit Smith was arrested on a charge of
perjury, tried and convicted. Upon the Ques-
tion in the case, whether or not the making of
false affidavit of the character of the one sworn
to by Smith constitutes crsfne, the court says:
Many of the formaities and much of the de-
tails required atthe common law IN an informa-
tion for perjury have undou btedly been made
unnecessary by our statute, but we do not under
stand that such statute has gone so far to
make the taking OF purely voluntary oath a
crime Even under such statute one can only
be convicted of perjury for the making of false
affidavit when such affidavit is sworn to for the
purpose of being used in some action or pro-
material, or using or consenting to the use of
such affidavit after having been sworn to in
such proceeding.
The court holds that the necessary facts are
not sufficiently stated in the information against
Smith to show that the affidavit was to have
been used with the consent of the defendant in
such proceeding.
writ of certiorari was applied for today by
A. D. Austin, for II. l. Marston and others, for
the purpose of securing a review of the action
OF Judge Humes, of King county, in setting
aside Judgment which had been OF record for
more than a year. The hearing on the applica-
ton was set for November 5.
The case of Warren vs. his creditors, from
Thurston, was argued, and that of the Gray's
Harbor Brick Company VS.. Watson, from Che
halls, submitted on briefs.
The agricultural college case, involving the
legality of the commission appointment and
the location of the college at Pullman will be
argued tomorrow on appeal from the Injunction
order of Judge Campbell, OF Tacoma