# State v. Hart

> Washington Supreme Court · December 27, 1946 · 26 Wash. 2d 776

URL: https://www.frixlaw.com/law-library/cases/3996406

## Case

- **Full name:** The State of Washington, Respondent, v. Frank C. Hart, Appellant
- **Court:** Washington Supreme Court
- **Decided:** December 27, 1946
- **Citations:** 26 Wash. 2d 776; 175 P.2d 944; 1946 Wash. LEXIS 295
- **Precedential status:** Published
- **Opinion:** Dissent by Connelly
- **Judges:** Connelly
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3996406

## Opinion text

Connelly, J.
(dissenting) — I dissent for the reason that I believe that the testimony of the husband, admitted in this case, purporting to repeat statements of his deceased wife, invades the hearsay rule and goes far beyond the original rule announced in
State v. Power,
24 Wash. 34 , 63 Pac. 1112 .
I further feel that the trial judge’s reference to the direct and cross examination of the autopsy surgeon as “an organ recital,” made in the presence of the jury during the trial, constituted a studied effort on his part to convince the jury that that witness’s testimony should be treated facetiously and accorded little or no weight and was, therefore,
a clear comment on the evidence.
February 3, 1947. Petition for rehearing denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3996406. Public record. Not legal advice.