reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.31 - Warrants and Arrests. › 10.31.060 - Arrest by telegraph or teletype.

RCW 10.31.060
Arrest by telegraph or teletype.
Whenever any person or persons shall have been indicted or accused on oath of any public offense, or thereof convicted, and a warrant of arrest shall have been issued, the magistrate issuing such warrant, or any justice of the supreme court, or any judge of either the court of appeals or superior court may indorse thereon an order signed by him or her and authorizing the service thereof by telegraph or teletype, and thereupon such warrant and order may be sent by telegraph or teletype to any marshal, sheriff, constable or police officer, and on the receipt of the telegraphic or teletype copy thereof by any such officer, he or she shall have the same authority and be under the same obligations to arrest, take into custody and detain the said person or persons, as if the said original warrant of arrest, with the proper direction for the service thereof, duly indorsed thereon, had been placed in his or her hands, and the said telegraphic or teletype copy shall be entitled to full faith and credit, and have the same force and effect in all courts and places as the original; but prior to indictment and conviction, no such order shall be made by any officer, unless in his or her judgment there is probable cause to believe the said accused person or persons guilty of the offense charged: PROVIDED, That the making of such order by any officer aforesaid, shall be prima facie evidence of the regularity thereof, and of all the proceedings prior thereto. The original warrant and order, or a copy thereof, certified by the officer making the order, shall be preserved in the telegraph office or police agency from which the same is sent, and in telegraphing or teletyping the same, the original or the said certified copy may be used.
[ 2010 c 8 § 1032; 1971 c 81 § 48; 1967 c 91 § 1; Code 1881 § 2357; 1865 p 75 § 16; RRS § 2081. Formerly RCW 10.31.060 through 10.31.090.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.34 - Fugitives of This State. › 10.34.010 - Officer may arrest defendant in any county.

RCW 10.34.010
Officer may arrest defendant in any county.
If any person against whom a warrant may be issued for an alleged offense, committed in any county, shall either before or after the issuing of such warrant, escape from, or be out of the county, the sheriff or other officer to whom such warrant may be directed, may pursue and apprehend the party charged, in any county in this state, and for that purpose may command aid, and exercise the same authority as in his or her own county.
[ 2010 c 8 § 1033; Code 1881 § 1922; 1873 p 394 § 220; 1854 p 107 § 28; RRS § 1950.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.34 - Fugitives of This State. › 10.34.020 - Escape—Retaking prisoner—Authority.

RCW 10.34.020
Escape—Retaking prisoner—Authority.
If a person arrested escape or be rescued, the person from whose custody he or she made his or her escape, or was rescued, may immediately pursue and retake him or her at any time, and within any place in the state. To retake the person escaping or rescued, the person pursuing has the same power to command assistance as given in cases of arrest.
[ 2010 c 8 § 1034; Code 1881 § 1032; 1873 p 229 § 212; 1854 p 114 § 76; RRS § 2085.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.34 - Fugitives of This State. › 10.34.030 - Escape—Retaking in foreign state—Extradition agents.

RCW 10.34.030
Escape—Retaking in foreign state—Extradition agents.
The governor may appoint agents to make a demand upon the executive authority of any state or territory for the surrender of any fugitive from justice, or any other person charged with a felony or any other crime in this state. Whenever an application shall be made to the governor for the appointment of an agent he or she may require the official submitting the same to provide whatever information is necessary prior to approval of the application.
[ 2010 c 8 § 1035; 1993 c 442 § 1; 1967 c 91 § 2; 1891 c 28 § 98; Code 1881 § 971; 1873 p 217 § 157; 1854 p 102 § 5; RRS § 2241.]
NOTES:
Effective date—1993 c 442: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 c 442 § 2.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.010 - Pleadings required in criminal proceedings.

RCW 10.37.010
Pleadings required in criminal proceedings.
No pleading other than an indictment, information or complaint shall be required on the part of the state in any criminal proceedings in any court of the state, and when such pleading is in the manner and form as provided by law the defendant shall be required to plead thereto as prescribed by law without any further action or proceedings of any kind on the part of the state.
[ 1925 ex.s. c 150 § 3; RRS § 2050-1. FORMER PARTS OF SECTION: (i) 1927 c 103 § 1; Code 1881 § 764; RRS § 2023, now codified as RCW 10.37.015. (ii) 1909 c 87 § 1; 1891 c 117 § 1; 1890 p 100 § 1; RRS § 2024, now codified as RCW 10.37.026. (iii) 1891 c 28 § 19; Code 1881 § 1003; 1873 p 224 § 186; 1869 p 240 § 181; RRS § 2054, now codified as RCW 10.37.025.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.015 - Charge by information or indictment—Exceptions.

RCW 10.37.015
Charge by information or indictment—Exceptions.
(1) No person shall be held to answer in any court for an alleged crime or offense, unless upon an information filed by the prosecuting attorney, or upon an indictment by a grand jury, except in cases of misdemeanor or gross misdemeanor before a district or municipal judge, or before a court martial, except as provided in subsection (2) of this section.
(2) Violations of RCW 46.20.342(1)(c)(iv) may be required by the prosecuting attorney to be referred to his or her office for consideration of filing an information or for entry into a precharge diversion program.
[ 2011 c 46 § 1; 1987 c 202 § 167; 1927 c 103 § 1; Code 1881 § 764; RRS § 2023. Formerly RCW 10.37.010, part.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.040 - Indictment—Form.

RCW 10.37.040
Indictment—Form.
The indictment may be substantially in the following form:
State of Washington
v.
A.  . . . . . B.  . . . . .







Superior Court of
the State of
Washington for the
County of
. . . .
A. B. is accused by the grand jury of the . . . . . . . . . ., by this indictment, of the crime of [here insert the name of the crime, if it have one, such as treason, murder, arson, manslaughter, or the like; or if it be a crime having no general name, such as libel, assault and battery, and the like, insert a brief description of it as given by law], committed as follows:
The said A. B. on the . . . . day of . . . . . ., (year) . . . ., in the county of . . . . . ., aforesaid, [here set forth the act charged as a crime.]
Dated at . . . . . ., in the county aforesaid, the . . . . day of . . . . . ., A.D. (year) . . . .
(Signed) C. D., Prosecuting Attorney.
(Indorsed) A true bill.
(Signed) E. F., Foreperson of the Grand Jury.
[ 2016 c 202 § 5; 2010 c 8 § 1036; 1891 c 28 § 21; Code 1881 § 1005; 1873 p 225 § 188; 1869 p 240 § 183; RRS § 2056.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.050 - Indictment or information—Sufficiency.

RCW 10.37.050
Indictment or information—Sufficiency.
The indictment or information is sufficient if it can be understood therefrom—
(1) That it is entitled in a court having authority to receive it;
(2) That it was found by a grand jury or prosecuting attorney of the county in which the court was held;
(3) That the defendant is named, or if his or her name cannot be discovered, that he or she is described by a fictitious name or by reference to a unique genetic sequence of deoxyribonucleic acid, with the statement that his or her real name is unknown;
(4) That the crime was committed within the jurisdiction of the court, except where, as provided by law, the act, though done without the county in which the court is held, is triable therein;
(5) That the crime was committed at some time previous to the finding of the indictment or filing of the information, and within the time limited by law for the commencement of an action therefor;
(6) That the act or omission charged as the crime is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended;
(7) The act or omission charged as the crime is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction according to the right of the case.
[ 2010 c 8 § 1037; 2000 c 92 § 3; 1891 c 28 § 29; Code 1881 § 1014; 1873 p 226 § 197; 1869 p 242 § 192; RRS § 2065. FORMER PARTS OF SECTION: (i) 1891 c 28 § 20; Code 1881 § 1004; 1873 p 224 § 187; 1869 p 240 § 182; RRS § 2055, now codified as RCW 10.37.052. (ii) 1891 c 28 § 22; Code 1881 § 1006; 1873 p 225 § 189; 1854 p 112 § 61; 1869 p 241 § 184; RRS § 2057, now codified as RCW 10.37.054. (iii) 1891 c 28 § 30; Code 1881 § 1015; 1873 p 227 § 198; 1869 p 242 § 193; RRS § 2066, now codified as RCW 10.37.056.]
NOTES:
Intent—2000 c 92: See note following RCW 10.73.170.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.052 - Indictment or information—Requisites.

RCW 10.37.052
Indictment or information—Requisites.
The indictment or information must contain—
(1) The title of the action, specifying the name of the court to which the indictment or information is presented and the names of the parties;
(2) A statement of the acts constituting the offense, in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended.
[ 1891 c 28 § 20; Code 1881 § 1004; 1873 p 224 § 187; 1869 p 240 § 182; RRS § 2055. Formerly RCW 10.37.050, part.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.054 - Indictment or information—Certainty.

RCW 10.37.054
Indictment or information—Certainty.
The indictment or information must be direct and certain as it regards:
(1) The party charged;
(2) The crime charged; and
(3) The particular circumstances of the crime charged, when they are necessary to constitute a complete crime.
[ 1891 c 28 § 22; Code 1881 § 1006; 1873 p 225 § 189; 1869 p 241 § 184; 1854 p 112 § 61; RRS § 2057. Formerly RCW 10.37.050, part.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.056 - Indictment or information—Certain defects or imperfections deemed immaterial.

RCW 10.37.056
Indictment or information—Certain defects or imperfections deemed immaterial.
No indictment or information is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of any of the following matters, which were formerly deemed defects or imperfections:
(1) For want of an allegation of the time or place of any material fact, when the time and place have been once stated;
(2) For the omission of any of the following allegations, namely: "With force and arms," "contrary to the form of the statute or the statutes," or "against the peace and dignity of the state;"
(3) For the omission to allege that the grand jury was impaneled, sworn, or charged;
(4) For any surplusage or repugnant allegation or for any repetition, when there is sufficient matter alleged to indicate clearly the offense and the person charged; nor
(5) For any other matter which was formerly deemed a defect or imperfection, but which does not tend to the prejudice of the substantial rights of the defendant upon the merits.
[ 1891 c 28 § 30; Code 1881 § 1015; 1873 p 227 § 198; 1869 p 242 § 193; RRS § 2066. Formerly RCW 10.37.050, part.]
NOTES:
Ownership of property, proof of: RCW 10.58.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.060 - Indictment or information—Separation into counts—Consolidation.

RCW 10.37.060
Indictment or information—Separation into counts—Consolidation.
When there are several charges against any person, or persons, for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments or informations the whole may be joined in one indictment, or information, in separate counts; and, if two or more indictments are found, or two or more informations filed, in such cases, the court may order such indictments or informations to be consolidated.
[ 1925 ex.s. c 109 § 1; 1891 c 28 § 24; Code 1881 § 1008; 1873 p 225 § 191; 1869 p 241 § 186; RRS § 2059.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.070 - Animals—Description of.

RCW 10.37.070
Animals—Description of.
When the crime involves the taking of or injury to an animal the indictment or information is sufficiently certain in that respect if it describes the animal by the common name of its class.
[ 1891 c 28 § 26; Code 1881 § 1011; 1873 p 226 § 194; 1869 p 241 § 189; RRS § 2062.]
NOTES:
Crimes relating to animals: Chapter 9.08 RCW.
Larceny: Chapter 9A.56 RCW.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.080 - Forgery—Description of instrument.

RCW 10.37.080
Forgery—Description of instrument.
When an instrument which is the subject of an indictment or information for forgery has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information, and established on the trial, the misdescription of the instrument is immaterial.
[ 1891 c 28 § 35; Code 1881 § 1020; 1873 p 227 § 203; 1854 p 113 § 68; RRS § 2071.]
NOTES:
Forgery: Chapter 9A.60 RCW.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.090 - Injury to person or intention concerning.

RCW 10.37.090
Injury to person or intention concerning.
When the crime involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material.
[Code 1881 § 1010; 1873 p 226 § 193; 1869 p 241 § 188; RRS § 2061.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.100 - Judgment, how pleaded.

RCW 10.37.100
Judgment, how pleaded.
In pleading a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state in the indictment or information the facts conferring jurisdiction; but the judgment, determination or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial.
[ 1891 c 28 § 32; Code 1881 § 1017; 1873 p 227 § 200; 1869 p 242 § 195; 1854 p 112 § 65; RRS § 2068.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.110 - Larceny or embezzlement—Specification.

RCW 10.37.110
Larceny or embezzlement—Specification.
In an indictment or information for larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination or kind thereof.
[ 1891 c 28 § 38; Code 1881 § 1023; RRS § 2074.]
NOTES:
Larceny: Chapter 9A.56 RCW.
Ownership of property, proof of: RCW 10.58.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.130 - Obscene literature—Description.

RCW 10.37.130
Obscene literature—Description.
An indictment or information for exhibiting, publishing, passing, selling, or offering to sell, or having in possession with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper, or writing, but it is sufficient to state generally the fact of the lewdness or obscenity thereof.
[ 1891 c 28 § 39; Code 1881 § 1024; RRS § 2075.]
NOTES:
Obscenity: Chapter 9.68 RCW.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.140 - Perjury—Subornation of perjury—Description of matter.

RCW 10.37.140
Perjury—Subornation of perjury—Description of matter.
In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the crime was committed, and in what court or before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.
[ 1891 c 28 § 36; Code 1881 § 1021; 1873 p 228 § 204; 1869 p 243 § 199; 1854 p 112 § 67; RRS § 2072.]
NOTES:
Perjury: Chapter 9A.72 RCW.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.150 - Presumptions of law need not be stated.

RCW 10.37.150
Presumptions of law need not be stated.
Neither presumptions of law nor matters of which judicial notice is taken need be stated in an indictment or information.
[ 1891 c 28 § 31; Code 1881 § 1016; 1873 p 227 § 199; 1869 p 242 § 194; RRS § 2067.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.160 - Statute—Exact words need not be used.

RCW 10.37.160
Statute—Exact words need not be used.
Words used in a statute to define a crime need not be strictly pursued in the indictment or information, but other words conveying the same meaning may be used.
[ 1891 c 28 § 28; Code 1881 § 1013; 1873 p 226 § 196; 1869 p 241 § 191; RRS § 2064.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.170 - Statute, private—Description.

RCW 10.37.170
Statute, private—Description.
In pleading a private statute, or right derived therefrom, it is sufficient to refer, in the indictment or information, to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof.
[ 1891 c 28 § 33; Code 1881 § 1018; 1873 p 227 § 201; 1869 p 243 § 196; 1854 p 112 § 66; RRS § 2069.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.37 - Accusations and Their Requisites. › 10.37.190 - Words and phrases—How used.

RCW 10.37.190
Words and phrases—How used.
The words used in an indictment or information must be construed in their usual acceptation, in common language, except words and phrases defined by law, which are to be construed according to their legal meaning.
[ 1891 c 28 § 27; Code 1881 § 1012; 1873 p 227 § 195; 1869 p 241 § 190; RRS § 2063.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.050 - Entry and use of true name.

RCW 10.40.050
Entry and use of true name.
If he or she alleges that another name is his or her true name it must be entered in the minutes of the court, and the subsequent proceedings on the indictment or information may be had against him or her by that name, referring also to the name by which he or she is indicted or informed against.
[ 2010 c 8 § 1038; 1891 c 28 § 49; Code 1881 § 1065; 1873 p 232 § 227; 1854 p 116 § 91; RRS § 2097.]
NOTES:
Action on discovery of true name: RCW 10.46.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.060 - Pleading to arraignment.

RCW 10.40.060
Pleading to arraignment.
In answer to the arraignment, the defendant may move to set aside the indictment or information, or he or she may demur or plead to it, and is entitled to one day after arraignment in which to answer thereto if he or she demands it.
[ 2010 c 8 § 1039; 1891 c 28 § 50; Code 1881 § 1045; RRS § 2098.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.070 - Motion to set aside indictment.

RCW 10.40.070
Motion to set aside indictment.
The motion to set aside the indictment can be made by the defendant on one or more of the following grounds, and must be sustained:
(1) When any person, other than the grand jurors, was present before the grand jury when the question was taken upon the finding of the indictment, or when any person, other than the grand jurors, was present before the grand jury during the investigation of the charge, except as required or permitted by law;
(2) If the grand jury were not selected, drawn, summoned, impaneled, or sworn as prescribed by law.
[ 1983 c 3 § 12; 1957 c 10 § 1; Code 1881 § 1046; RRS § 2099. FORMER PART OF SECTION: Code 1881 § 1047; RRS § 2100, now codified as RCW 10.40.075.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.075 - Motion to set aside indictment—Grounds not allowed, when.

RCW 10.40.075
Motion to set aside indictment—Grounds not allowed, when.
The ground of the motion to set aside the indictment mentioned in the fourth subdivision of RCW 10.40.070 is not allowed to a defendant who has been held to answer before indictment.
[Code 1881 § 1047; RRS § 2100. Formerly RCW 10.40.070, part.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.090 - Sustaining motion—Effect of.

RCW 10.40.090
Sustaining motion—Effect of.
An order to set aside the indictment or information as provided in this chapter shall be no bar to a future prosecution for the same offense.
[ 1891 c 28 § 54; Code 1881 § 1050; RRS § 2104.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.100 - Overruling motion—Pleading over.

RCW 10.40.100
Overruling motion—Pleading over.
If the motion to set aside the indictment [or information] be denied, the defendant must immediately answer the indictment or information, either by demurring or pleading thereto.
[ 1891 c 28 § 52; Code 1881 § 1048; RRS § 2102.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.110 - Demurrer to indictment or information.

RCW 10.40.110
Demurrer to indictment or information.
The defendant may demur to the indictment or information when it appears upon its face either—
(1) That it does not substantially conform to the requirements of this code;
(2) [That] more than one crime is charged;
(3) That the facts charged do not constitute a crime;
(4) That the indictment or information contains any matter which, if true, would constitute a defense or other legal bar to the action.
[ 1891 c 28 § 55; Code 1881 § 1051; RRS § 2105.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.120 - Sustaining demurrer—When final.

RCW 10.40.120
Sustaining demurrer—When final.
If the demurrer is sustained because the indictment or information contains matter which is a legal defense or bar to the action, the judgment shall be final, and the defendant must be discharged.
[ 1891 c 28 § 56; Code 1881 § 1052; RRS § 2106. FORMER PART OF SECTION: 1891 c 28 § 61; Code 1881 § 1060; RRS § 2114, now codified as RCW 10.40.125.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.125 - Sustaining demurrer, etc.—When not final.

RCW 10.40.125
Sustaining demurrer, etc.—When not final.
The judgment for the defendant on a demurrer to the indictment or information, except where it is otherwise provided, or for an objection taken at the trial to its form or substance, or for variance between the indictment or information and the proof, shall not bar another prosecution for the same offense.
[ 1891 c 28 § 61; Code 1881 § 1060; RRS § 2114. Formerly RCW 10.40.120, part.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.140 - Overruling demurrer—Pleading over.

RCW 10.40.140
Overruling demurrer—Pleading over.
If the demurrer is overruled the defendant has a right to put in a plea. If he or she fails to do so, judgment may be rendered against him or her on the demurrer, and, if necessary, a jury may be impaneled to inquire and ascertain the degree of the offense.
[ 2010 c 8 § 1040; Code 1881 § 1053; RRS § 2107.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.170 - Plea of guilty.

RCW 10.40.170
Plea of guilty.
The plea of guilty can only be put in by the defendant himself or herself in open court.
[ 2010 c 8 § 1041; Code 1881 § 1056; RRS § 2110. FORMER PART OF SECTION: Code 1881 § 1057; RRS § 2111, now codified as RCW 10.40.175.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.180 - Plea of not guilty.

RCW 10.40.180
Plea of not guilty.
The plea of not guilty is a denial of every material allegation in the indictment or information; and all matters of fact may be given in evidence under it, except a former conviction or acquittal.
[ 1891 c 28 § 59; Code 1881 § 1058; RRS § 2112.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.40 - Arraignment. › 10.40.190 - Refusal to answer.

RCW 10.40.190
Refusal to answer.
If the defendant fail or refuse to answer the indictment or information by demurrer or plea, a plea of not guilty must be entered by the court.
[ 1891 c 28 § 62; Code 1881 § 1061; 1873 p 232 § 224; 1854 p 116 § 88; RRS § 2115.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.43 - Former Acquittal or Conviction. › 10.43.020 - Offense embraces lower degree and included offenses.

RCW 10.43.020
Offense embraces lower degree and included offenses.
When the defendant has been convicted or acquitted upon an indictment or information of an offense consisting of different degrees, the conviction or acquittal shall be a bar to another indictment or information for the offense charged in the former, or for any lower degree of that offense, or for an offense necessarily included therein.
[ 1891 c 28 § 74; Code 1881 § 1096; 1873 p 238 § 257; 1854 p 120 § 121; RRS § 2166.]
NOTES:
Bar as to prosecution for same crime in another degree, or attempt: RCW 10.43.050.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.43 - Former Acquittal or Conviction. › 10.43.030 - Conviction or acquittal in other county.

RCW 10.43.030
Conviction or acquittal in other county.
Whenever, upon the trial of any person for a crime, it shall appear that the defendant has already been acquitted or convicted upon the merits, of the same crime, in a court having jurisdiction of such offense in another county of this state, such former acquittal or conviction is a sufficient defense.
[ 1909 c 249 § 20; RRS § 2272.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.43 - Former Acquittal or Conviction. › 10.43.040 - Foreign conviction or acquittal.

RCW 10.43.040
Foreign conviction or acquittal.
Whenever, upon the trial of any person for a crime, it appears that the offense was committed in another state or country, under such circumstances that the courts of this state had jurisdiction thereof, and that the defendant has already been acquitted or convicted upon the merits, in a judicial proceeding conducted under the criminal laws of such state or country, founded upon the act or omission with respect to which he or she is upon trial, such former acquittal or conviction is a sufficient defense. Nothing in this section affects or prevents a prosecution in a court of this state of any person who has received administrative or nonjudicial punishment, civilian or military, in another state or country based upon the same act or omission.
[ 2010 c 8 § 1042; 1999 c 141 § 1; 1909 c 249 § 19; RRS § 2271.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.43 - Former Acquittal or Conviction. › 10.43.050 - Acquittal, when a bar.

RCW 10.43.050
Acquittal, when a bar.
No order of dismissal or directed verdict of not guilty on the ground of a variance between the indictment or information and the proof, or on the ground of any defect in such indictment or information, shall bar another prosecution for the same offense. Whenever a defendant shall be acquitted or convicted upon an indictment or information charging a crime consisting of different degrees, he or she cannot be proceeded against or tried for the same crime in another degree, nor for an attempt to commit such crime, or any degree thereof.
[ 2010 c 8 § 1043; 1909 c 249 § 64; Code 1881 § 769; RRS § 2316.]
NOTES:
Offense embraces lower degree and included offenses: RCW 10.43.020.
Ownership of property—Proof of: RCW 10.58.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.46 - Superior Court Trial. › 10.46.020 - Trial docket.

RCW 10.46.020
Trial docket.
The clerk shall, in preparing the docket of criminal cases, enumerate the indictments and informations pending according to the date of their filing, specifying opposite to the title of each action whether it be for a felony or misdemeanor, and whether the defendant be in custody or on bail; and shall, in like manner, enter therein all indictments and informations on which issues of fact are joined, all cases brought to the court on change of venue from other counties, and all cases pending upon appeal from inferior courts.
[ 1891 c 28 § 65; Code 1881 § 1044; 1873 p 231 § 222; 1854 p 115 § 86; RRS § 2134.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.46 - Superior Court Trial. › 10.46.060 - True name inserted in proceedings.

RCW 10.46.060
True name inserted in proceedings.
When a defendant is designated in the indictment or information by a fictitious or erroneous name, and in any stage of the proceedings his or her true name is discovered, it may be inserted in the subsequent proceedings, referring to the fact of his or her being indicted or informed against by the name mentioned in the indictment or information.
[ 2010 c 8 § 1044; 1891 c 28 § 23; Code 1881 § 1007; 1873 p 225 § 190; 1869 p 241 § 185; RRS § 2058.]
NOTES:
True name: RCW 10.40.050.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.46 - Superior Court Trial. › 10.46.070 - Conduct of trial—Generally.

RCW 10.46.070
Conduct of trial—Generally.
The court shall decide all questions of law which shall arise in the course of the trial, and the trial shall be conducted in the same manner as in civil actions.
[ 1891 c 28 § 70; Code 1881 § 1088; 1873 p 237 § 249; 1854 p 119 § 111; RRS § 2158. FORMER PART OF SECTION: 1891 c 28 § 66, part; Code 1881 § 1078; 1873 p 236 § 239; 1854 p 118 § 101; RRS § 2137, part, now codified as RCW 10.49.020.]
NOTES:
Rules of court: This section superseded, in part, by CrR 6. See comment preceding CrR 6.1.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.46 - Superior Court Trial. › 10.46.080 - Continuances.

RCW 10.46.080
Continuances.
A continuance may be granted in any case on the ground of the absence of evidence on the motion of the defendant supported by affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it; and also the name and place of residence of the witness or witnesses; and the substance of the evidence expected to be obtained, and if the prosecuting attorney admit that such evidence would be given, and that it be considered as actually given on the trial or offered and overruled as improper the continuance shall not be granted.
[Code 1881 § 1077; 1877 p 206 § 7; RRS § 2135.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.46 - Superior Court Trial. › 10.46.085 - Continuances not permitted in certain cases.

RCW 10.46.085
Continuances not permitted in certain cases.
When a defendant is charged with a crime which constitutes a violation of RCW 9A.64.020 or chapter 9.68, 9.68A, or 9A.44 RCW, and the alleged victim of the crime is a person under the age of eighteen years, neither the defendant nor the prosecuting attorney may agree to extend the originally scheduled trial date unless the court within its discretion finds that there are substantial and compelling reasons for a continuance of the trial date and that the benefit of the postponement outweighs the detriment to the victim. The court may consider the testimony of lay witnesses and of expert witnesses, if available, regarding the impact of the continuance on the victim.
[ 1989 c 332 § 7.]
NOTES:
Finding—1989 c 332: "The legislature finds that treatment of the emotional problems of child sexual abuse victims may be impaired by lengthy delay in trial of the accused and the resulting delay in testimony of the child victim. The trauma of the abusive incident is likely to be exacerbated by requiring testimony from a victim who has substantially completed therapy and is forced to relive the incident. The legislature finds that it is necessary to prevent, to the extent reasonably possible, lengthy and unnecessary delays in trial of a person charged with abuse of a minor." [ 1989 c 332 § 6.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.46 - Superior Court Trial. › 10.46.110 - Discharging defendant to give evidence.

RCW 10.46.110
Discharging defendant to give evidence.
When two or more persons are included in one prosecution, the court may, at any time before the defendant has gone into his or her defense, direct any defendant to be discharged, that he or she may be a witness for the state. A defendant may also, when there is not sufficient evidence to put him or her on his or her defense, at any time before the evidence is closed, be discharged by the court, for the purpose of giving evidence for a codefendant. The order of discharge is a bar to another prosecution for the same offense.
[ 2010 c 8 § 1045; Code 1881 § 1092; 1873 p 237 § 253; 1854 p 120 § 117; RRS § 2162.]
NOTES:
Conviction or acquittal—Several defendants: RCW 10.61.035.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.46 - Superior Court Trial. › 10.46.190 - Liability of convicted person for costs—Jury fee.

RCW 10.46.190
Liability of convicted person for costs—Jury fee.
Every person convicted of a crime or held to bail to keep the peace may be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the superior court or before a committing magistrate, a jury fee as provided for in civil actions for which judgment shall be rendered and collected. The court shall not order a defendant to pay costs, as described in RCW 10.01.160, if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.01.160(3). The jury fee, when collected for a case tried by the superior court, shall be paid to the clerk and applied as the jury fee in civil cases is applied.
[ 2022 c 260 § 20; 2018 c 269 § 9; 2005 c 457 § 12; 1977 ex.s. c 248 § 1; 1977 ex.s. c 53 § 1; 1961 c 304 § 8; Code 1881 § 2105; 1869 p 418 § 3; RRS § 2227.]
NOTES:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Intent—2005 c 457: See note following RCW 43.08.250.
Disposition of fines and costs: Chapter 10.82 RCW.
Jury
fees: RCW 4.44.110, 36.18.020.
in district court: RCW 10.04.050.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.46 - Superior Court Trial. › 10.46.200 - Costs allowed to acquitted or discharged defendant.

RCW 10.46.200
Costs allowed to acquitted or discharged defendant.
No prisoner or person under recognizance who shall be acquitted by verdict or discharged because no indictment is found against him or her, or for want of prosecution, shall be liable for any costs or fees of any officer or for any charge of subsistence while he or she was in custody, but in every such case the fees of the defendant's witnesses, and of the officers for services rendered at the request of the defendant; and charges for subsistence of the defendant while in custody shall be taxed and paid as other costs and charges in such cases.
[ 2010 c 8 § 1046; Code 1881 § 1168; 1877 p 207 § 10; 1854 p 129 § 177; RRS § 2236.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.46 - Superior Court Trial. › 10.46.210 - Taxation of costs on acquittal or discharge—Generally—Frivolous complaints.

RCW 10.46.210
Taxation of costs on acquittal or discharge—Generally—Frivolous complaints.
When any person shall be brought before a court or other committing magistrate of any county, city or town in this state, having jurisdiction of the alleged offense, charged with the commission of a crime or misdemeanor, and such complaint upon examination shall appear to be unfounded, no costs shall be payable by such acquitted party, but the same shall be chargeable to the county, city or town for or in which the said complaint is triable, but if the court or other magistrate trying said charge, shall decide the complaint was frivolous or malicious, the judgment or verdict shall also designate who is the complainant, and may adjudge that said complainant pay the costs. In such cases a judgment shall thereupon be entered for the costs against said complainant, who shall stand committed until such costs be paid or discharged by due process of law.
[ 1987 c 202 § 168; Code 1881 § 2103; 1869 p 418 § 1; RRS § 2225.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.46 - Superior Court Trial. › 10.46.220 - Cost bills in felony cases—Certification.

RCW 10.46.220
Cost bills in felony cases—Certification.
In all convictions for felony, whether capital or punishable by imprisonment in the penitentiary, the clerk of the superior court shall forthwith, after sentence, tax the costs in the case. The cost bill shall be made out in triplicate, and be examined by the prosecuting attorney of the county in which the trial was had. After which the judge of the superior court shall allow and approve such bill or so much thereof, as is allowable by law. The clerk of the superior court shall thereupon, under his or her hand, and under the seal of the court, certify said triplicate cost bills, and shall file one with the papers of cause, and shall transmit one to the administrator for the courts and one to the county auditor of the county in which said felony was committed.
[ 2010 c 8 § 1047; 1979 c 129 § 1; 1883 p 35 § 1; Code 1881 § 2106; RRS § 2228.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.46 - Superior Court Trial. › 10.46.230 - Cost bills in felony cases—Payment.

RCW 10.46.230
Cost bills in felony cases—Payment.
Upon the receipt of the cost bill, as provided for in the preceding section, the county auditor shall draw warrants for the amounts due each person, as certified in said cost bill, which warrants shall be paid as other county warrants are paid. On receipt of the certified copy of said cost bill, the administrator for the courts shall examine and audit said bill and allow the payment by the state of statutorily required witness fees in cases where conviction of a felony is obtained and the defendant is sentenced to pay a fine or is given a prison sentence even if the sentence is deferred or suspended. Payment shall be allowed by the administrator for the courts in such cases even when the conviction is subsequently reversed or if a new trial is granted.
[ 1979 c 129 § 2; 1883 p 35 § 1; Code 1881 § 2107; 1873 p 250 § 316; RRS § 2229.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.52 - Witnesses—Generally. › 10.52.040 - Compelling witness to attend and testify—Accused as witness.

RCW 10.52.040
Compelling witness to attend and testify—Accused as witness.
Witnesses may be compelled to attend and testify before the grand jury; and witnesses on behalf of the state, or of the defendant, in a criminal prosecution, may be compelled to attend and testify in open court, if they have been subpoenaed, without their fees being first paid or tendered, unless otherwise provided by law; the court may, upon the motion of the prosecuting attorney or defense counsel, recognize witnesses, with or without sureties, to attend and testify at any hearing or trial in any criminal prosecution in any court of this state, or before the grand jury. In default of such recognizance, or in the event that surety is required and has not been obtained, the court shall require the appearance of the witness before the court and shall appoint counsel for the witness if he is indigent and then shall determine that the testimony of the witness would be material to either the prosecution or the defendant and that the witness would not attend the trial of the matter unless detained and, therefore, the court may direct that such witness shall be detained in the custody of the sheriff until the hearing or trial in which the witness is to testify: PROVIDED, That each witness detained for failure to obtain surety shall be paid, in addition to witness fees for actual appearance in court, for each day of his detention a sum equal to the daily jury fee paid to a juror serving in a superior court; and each witness in breach of recognizance and who is detained therefor shall be paid, in addition to witness fees for actual appearance in court, the sum of one dollar for each day of his detention. Any such witness shall be provided food and lodging while so detained. Any person accused of any crime in this state, by indictment, information, or otherwise, may, in the examination or trial of the cause, offer himself, or herself, as a witness in his or her own behalf, and shall be allowed to testify as other witnesses in such case, and when accused shall so testify, he or she shall be subject to all the rules of law relating to cross-examination of other witnesses: PROVIDED, That nothing in this code shall be construed to compel such accused person to offer himself or herself as a witness in such case.
[ 1984 c 76 § 17; 1969 ex.s. c 143 § 1; 1915 c 83 § 1; 1891 c 28 § 69; Code 1881 § 1067; 1873 p 233 § 229; 1871 p 105 § 2; 1854 p 116 § 93; RRS § 2148. Formerly RCW 10.52.040, 10.52.050, 10.52.070, and 10.52.080.]
NOTES:
Rules of court: See CrR 6.13, 6.14.
Rights of accused persons: State Constitution Art. 1 §§ 9, 22 (Amendment 10).
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.52 - Witnesses—Generally. › 10.52.060 - Confrontation of witnesses.

RCW 10.52.060
Confrontation of witnesses.
Every person accused of crime shall have the right to meet the witnesses produced against him or her face to face: PROVIDED, That whenever any witness whose deposition shall have been taken pursuant to law by a magistrate, in the presence of the defendant and his or her counsel, shall be absent, and cannot be found when required to testify upon any trial or hearing, so much of such deposition as the court shall deem admissible and competent shall be admitted and read as evidence in such case.
[ 2010 c 8 § 1048; 1909 c 249 § 54; RRS § 2306. Prior: Code 1881 § 765; 1873 p 180 § 2; 1869 p 198 § 2; 1859 p 104 § 2.]
NOTES:
Reviser's note: Caption for 1909 c 249 § 54 reads as follows: "SEC. 54. WITNESSES."
Rights of accused persons: State Constitution Art. 1 § 22 (Amendment 10).
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.52 - Witnesses—Generally. › 10.52.090 - Incriminating testimony not to be used.

RCW 10.52.090
Incriminating testimony not to be used.
In every case where it is provided in *this act that a witness shall not be excused from giving testimony tending to criminate himself or herself, no person shall be excused from testifying or producing any papers or documents on the ground that his or her testimony may tend to criminate or subject him or her to a penalty or forfeiture; but he or she shall not be prosecuted or subjected to a penalty or forfeiture for or on account of any action, matter or thing concerning which he or she shall so testify, except for perjury or offering false evidence committed in such testimony.
[ 2010 c 8 § 1049; 1909 c 249 § 39; RRS § 2291.]
NOTES:
Rules of court: Ordering immunity from prosecution—Incriminating testimony not to be used—CrR 6.14.
*Reviser's note: For meaning of "this act," see note following RCW 9.01.120.
Bribery or corrupt solicitation: State Constitution Art. 2 § 30.
Rights of accused persons: State Constitution Art. 1 §§ 9, 22 (Amendment 10).
Witness not excused from giving testimony tending to incriminate himself in crimes concerning bribery: RCW 9.18.080.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.55 - Witnesses Outside the State (Uniform Act). › 10.55.010 - Definitions.

RCW 10.55.010
Definitions.
"Witness" as used in this chapter shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
The word "state" shall include any territory of the United States and the District of Columbia.
The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness.
[ 1943 c 218 § 1; Rem. Supp. 1943 § 2150-1.]