State v. Greenwald

Washington Supreme Court
State v. Greenwald, 102 Wash. 593 (Wash. 1918)
173 P. 636; 1918 Wash. LEXIS 997

State v. Greenwald

Opinion of the Court

Per Curiam.

On December 14, 1915, the appellant, Jennie Greenwald, was convicted in justice court for King county of the crime of selling intoxicating liquor without a license. She took an appeal to the superior court. The transcript on appeal was filed on the 7th day of February, 1916. On the 23d day of March, 1917, the prosecuting attorney of King county filed a motion to dismiss the appeal for the want of prosecution. The motion was granted.

We are not favored by a statement of facts, and being bound by the record as it is revealed in the transcript, the case falls squarely within, and is controlled by, State v. Buffum, 94 Wash. 25, 161 Pac. 832. Appellant insists that the court abused its discretion in dismissing the case for the reason that, prior to the time the motion to dismiss was filed by the prosecuting attorney, *594appellant had moved that the case be set down for trial. These proceedings are not made a part of the record and cannot be now considered.

Affirmed.

Reference

Full Case Name
The State of Washington v. Jennie Greenwald
Cited By
2 cases
Status
Published
Syllabus
Criminal Law — Appeal — Failure to Prosecute — Diligence. Where an appeal from a conviction in Justice court was perfected in February, 1916, and not brought to trial for over a year, it is properly dismissed for want of diligence in prosecuting it. Same—Appeal—Record. Proceedings not made a part of the record in a criminal appeal cannot be considered.