Opinion

State v. Bixby

  • 27 Wash. 2d 144
  • 177 P.2d 689
  • 1947 Wash. LEXIS 264
Court
Washington Supreme Court
Filed
Feb 14, 1947
Status
Published
Author
Millard
On the bench
Mallery, Steinert, Robinson, Jeffers, Schwellenbach, Abel, Simpson, Millard
Cited by
32 cases

in a subornation of perjury case, the evidence was admitted on the issue of good faith and belief of the defendant

How later courts described this case

  • in a subornation of perjury case, the evidence was admitted on the issue of good faith and belief of the defendant
  • evidence admitted on issue of defendant’s good faith and belief in prosecution for subornation of perjury
  • judge in prior proceeding called to testify at current peijury trial
  • judge in prior proceeding called to testify at current perjury trial

Written by the judges who cited it.

The opinion

*176

Millard, J.

(dissenting)—The witness whom appellant is, charged to have suborned, changed her story; and her subsequent testimony, it is clear, is not and could not be the basis of the charge of subornation of perjury. Concededly,- she told the truth; therefore, it follows that appellant did not induce the witness to swear falsely. At most, there is only the inference that appellant endeavored—unsuccessfully, however—to persuade the witness to tell a story different from the true one she related. The judgment should be reversed with direction to dismiss the action.

Simpson, J., concurs with Millard, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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