# State v. Bixby

> Washington Supreme Court · February 14, 1947 · 27 Wash. 2d 144

URL: https://www.frixlaw.com/law-library/cases/3997631

## Case

- **Full name:** The State of Washington, Respondent, v. Frank W. Bixby, Appellant
- **Court:** Washington Supreme Court
- **Decided:** February 14, 1947
- **Citations:** 27 Wash. 2d 144; 177 P.2d 689; 1947 Wash. LEXIS 264
- **Precedential status:** Published
- **Opinion:** Dissent by Millard
- **Judges:** Mallery, Steinert, Robinson, Jeffers, Schwellenbach, Abel, Simpson, Millard
- **Cited by:** 32 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/3997631

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3997631. Public record. Not legal advice.