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State v. Baxter

The State of Washington v. George F. Baxter

State v. Baxter, 139 P. 196 (Wash. 1914)
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Court
Washington Supreme Court · State Highest Courts
Decided
March 7, 1914
Docket
No. 11831
Judges
Crow, Fullerton, Morris, Mount, Parker
Citations
139 P. 19678 Wash. 4051914 Wash. LEXIS 1120
Disposition
Appeal dismissed.
Syllabus
Appeal — Record—Statement oe Pacts — Certificate. Where an appeal is prosecuted upon an agreed statement of facts, it is necessary that it be properly certified by the trial judge, and the mere signature of the judge at the- end of the statement is not sufficient. Same — Record—Agreed Statement oe Pacts — Consent op Counsel. An agreed statement of facts on appeal signed by the judge cannot be accepted1 where it appears that it was objected to by opposite counsel.
Summary
Motion to dismiss an appeal from a judgment of the superior court for Snohomish county, Alston, J., entered June 27, 1913.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Morris

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Morris, J.

Motion to dismiss appeal upon various grounds, among which is “that no statement of facts or bill of exceptions has been served or filed.” Counsel for appellant seeks by this appeal to obtain a review of the ruling of the lower court in denying a plea of former jeopardy, and has filed what he terms an “agreed statement of facts.” At the end of this so-called statement, appears this signature: “Guy C. Alston, Judge.” This signature cannot be accepted as the certification of a statement of facts required by our statute. Even though the appeal be presented upon an agreed statement of facts, it is necessary that it be properly certified by the trial court. State ex rel. Hersner v. Arthur, 7 Wash. 358 , 35 Pac. 120 ; State v. Maines, 26 Wash. 160 , 66 Pac. 431 .

We could, in' no event, however, accept this statement as an agreed statement of facts, as it appears to have been ob *406 jected to by the prosecuting attorney, his signature appearing thus: “Objected to. 8-2-1913. R. J. Faussett, Prosecuting Attorney.”

We have no alternative but to grant the motion, and the appeal is dismissed.

Crow, C. J., Mount, Parker, and Fullerton, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1918: 11940: 119182026peak 1918 · 1

Relies on it most ⓘ

  1. Livermore v. Northwest Airlines, Inc.106 P.2d 578 (Wash. 1940) · Concurrence
  2. Mauseth v. Slayden177 P. 319 (Wash. 1918)

Most recent

  1. Livermore v. Northwest Airlines, Inc.106 P.2d 578 (Wash. 1940) · Concurrence
  2. Mauseth v. Slayden177 P. 319 (Wash. 1918)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
State ex rel. Hersner v. Arthur, 35 P. 120 (Wash. 1893) 12
State v. Maines, 66 P. 431 (Wash. 1901) 7

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