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STATE v. BURNETT

Nos. 31483, 31484.

37 Wn.2d 619 (1950)

225 P.2d 416

THE STATE OF WASHINGTON, Respondent, v. ROY S. BURNETT et al., Appellants.

The Supreme Court of Washington, Department One.

December 14, 1950.

Attorney(s) appearing for the Case

Henry Clay Agnew, for appellants.

Charles O. Carroll and John E. Prim, for respondent.

HILL, J.

The principal question here presented is the sufficiency of the evidence to sustain convictions of murder in the first degree against both Roy S. Burnett and Louie Smotherman. There had been a gun battle in a tavern north of Seattle during which the defendant Burnett had shot and killed Fred T. Long, the proprietor. The state's theory is that the defendants were engaged in a robbery, or an attempted robbery, of the...

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