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STATE v. ROBY

No. 32456.

43 Wn.2d 652 (1953)

263 P.2d 273

THE STATE OF WASHINGTON, Respondent, v. JOHN HAROLD ROBY, Appellant.

The Supreme Court of Washington, Department Two.

November 12, 1953.

Attorney(s) appearing for the Case

Thos. A.E. Lally and Lloyd A. Eyrich, for appellant.

Norman A. Ericson, for respondent.

FINLEY, J.

This is an appeal from a conviction of second-degree assault in the superior court for Pend Oreille county.

On the evening of November 30, 1951, defendant Roby was playing poker with several individuals, including the prosecuting witness Abrahamson, in a tavern at Cusick, Washington. From time to time throughout the evening, unpleasant and angry words passed between Roby and Abrahamson. The game broke up around midnight, the closing time for the...

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