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76 Wash. 612

State v. Sam

Washington Supreme Court

Decided December 12, 1913

Washington Supreme Court · decided 1913-12-12

<p>Appeal from a judgment of the superior court for What-com county, Hardin, J., entered February 24, 1913, upon a trial and conviction of a felony.</p>

Relies on State v. Fetterly · State v. Kincaid

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1913-12-12

How this case has been cited

Cited by 5 later decisions — most recently November 1940

5 state decisions

201913192019301940decided

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.

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Chadwick, J.

¶1Appellant is charged with having committed a crime in the county of Whatcom, state of Washington. He was convicted, and has brought his case to us on appeal.

¶2Two questions are submitted for our determination: First, was the venue of the crime proven; and second, is the verdict sustained by the evidence?

¶3No witness was asked the direct question whether the crime was committed in Whatcom county, but the testimony taken as a whole clearly shows that the witnesses had reference to the city of Bellingham, and that no doubt could have remained in the minds of the jury as to the situs of the crime. 12 Cyc. 494. One witness testified as follows:

“Q. You know where the restaurant is where this defendant held out and was the cook, you know where it is in Belling-ham? A. Where the crime was supposed to have been? Q. Yes. A. Yes. Q. And that restaurant is located in Bellingham, Whatcom county, Washington? A. Yes, sir.”

¶4*613This is sufficient proof of the venue under the authority of State v. Fetterly, 33 Wash. 599, 74 Pac. 810; State v. Kincaid, 69 Wash. 273, 124 Pac. 684.

¶5The evidence in this case is too revolting to discuss.. We have read it and have no hesitation in saying that, if the testimony of the state is to be believed, no verdict other than the one rendered could have been returned.

¶6Affirmed.

¶7Crow, C. J., Gose, Ellis, and Main, JJ., concur.

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