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STATE v. EMERSON

No. 34534.

53 Wn.2d 319 (1958)

333 P.2d 665

THE STATE OF WASHINGTON, Respondent, v. RUSSELL EMERSON, Appellant.

The Supreme Court of Washington, Department Two.

December 26, 1958.

Attorney(s) appearing for the Case

McLean, Klingberg & Houston and Jerry A. Houston, for appellant.

George W. Sibbald, for respondent.

FOSTER, J.

Appellant appeals his conviction of assault in the first degree.

[1] The only issue is the misconduct of the prosecuting attorney in asking appellant, when testifying in his own defense:

"Weren't you put in jail in Minnesota in the summer of 1955 for beating your wife?"

Our cases, collected in the margin,2 hold that such misconduct is reversible error.

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