# State ex rel. Murphy v. Brown

> Washington Supreme Court · December 31, 1914 · 83 Wash. 100

URL: https://www.frixlaw.com/law-library/cases/4733840

## Case

- **Full name:** The State of Washington, on the Relation of John F. Murphy, as Prosecuting Attorney v. J. J. Brown
- **Court:** Washington Supreme Court
- **Decided:** December 31, 1914
- **Citations:** 83 Wash. 100; 145 P. 69; 1914 Wash. LEXIS 1588
- **Precedential status:** Published
- **Opinion:** Dissent by Mount
- **Judges:** Main, Mount
- **Cited by:** 19 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/4733840

## Opinion text

Mount, J.
(dissenting) — It is not disputed that the money taken from the defendant is the property of the defendant. It is not clear that the money is necessary to be used as evidence upon the trial. But conceding that it may be useful and necessary as such evidence, the trial court, in its discretion, may control it and order it returned to the rightful owner, either before or after the trial. Such discretion will not be reviewed except for abuse. There is no abuse of discretion .shown here. It seems to me, therefore, that the writ should be dismissed and the order affirmed.
I therefore dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4733840. Public record. Not legal advice.