In  a  prosecution  for  murder  the  corpus  delicti  is  sufficiently
proven  when  it  is  shown  that  the  charred  corpse  of  a  man,  with
throat  cut  and  bullet  holes  through  head  and  abdomen,  was  found
among  the  burned  ruins  of  a  barn,  that  from  certain  physical  pe-
culiarities of  teeth  and  hair,  and  also  from  the  shape  of  the  head  and
face,  neighbors  and  friends  recognized  the  corpse  as  being  that  of
the  owner  of  the  premises,  with  whose  murder  the  accused  was
charged.
A  conviction  of  the  crime  of  murder,  based  upon  circumstantial
evidence,  will  not  be  set  aside  when  all  the  facts  and  circumstances
appearing  in  evidence  warrant  the  conclusion  that  the  accused  was
guilty  of  the  crime  charged.
Appeal  from  Superior  Courts  Spokane  County,

Fenton  dk  Herdey^  for  appellant.
S.  O,  Allen^  Prosecuting  Attorney,  for  The  State.
The  opinion  of  the  court  was  delivered  by

Anders,  J. — The  appellant  was  tried  upon  an  informa-
tion charging  him  with  the  crime  of  murder  in  the  first


342  STATE  V.  SMITH.
Opinion  of  Ihe  Court — Andbrs,  J.  [9  Wash.
degree  in  the  killing  of  John  Wyant,  in  Spokane  county,
on  June  9,  1892,  by  shooting  him  with  a  gun  and  cutting
him  with  a  knife.  The  jury  returned  a  verdict  of  guilty
as  charged,  upon  which  verdict,  after  overruling  motions
in  arrest  of  judgment  and  for  a  new  trial,  the  court  ad-
judged him  guilty  and  sentenced  him  to  be  hanged.  To
reverse  this  judgment  and  sentence  the  defendant  prose-
cutes this  appeal.
