Lybarger v. State

Decided July 14, 1891

Washington Supreme Court · decided 1891-07-14

Information against John G. Lybarger for the crime of seduction. The crime was committed in the year 1889, prior to the admission of Washington Territory to statehood. The information was filed in the year 1890, and defendant was tried and convicted thereunder, whereupon he appealed to this court.

Key passage — most relied on by later courts

““. . . public policy will not allow cases to be tried by piecemeal. It cannot allow an appellant to rest his case on certain points of the record, and if he fail, to try his case on another and different record.””

quoted by 1 later decision, including Jennings v. Schwartz

Good law ✅— No negative treatment on recordhow we know

Decided 1891-07-14

How this case has been cited

Cited by 17 later decisions — most recently June 1987

1 federal appellate · 15 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 *564ON PETITION POE REHEARING.

Dunbar, J.

¶2— The petition for rehearing in this case is founded on the alleged imperfection of the transcript sent up to this court from the superior court, and the petition is to rehear on an amended record. The case was tried on the record brought here by the appellant. Had he suggested a diminution of the record when the case was before this court it would have ordered the record supplied; but public policy will not allow cases to be tried by piecemeal. It cannot allow an appellant to rest his case on certain points of the record, and if he fail, to try his case on another and different record.

Anders, C. J., Stiles, Hoyt, and Scott, JJ., concur,