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STATE v. KONTRATH

No. 36573.

61 Wn.2d 588 (1963)

379 P.2d 359

THE STATE OF WASHINGTON, Respondent, v. KENNETH L. KONTRATH, Appellant.

The Supreme Court of Washington, Department Two.

March 7, 1963.

Attorney(s) appearing for the Case

Norman S. Johnson, for appellant.

John J. Lally and Richard P. Guy, for respondent.

OTT, C.J.

December 26, 1961, at approximately 2:00 p.m., Kenneth L. Kontrath, aged 19, deposited $10 in cash and opened a checking account in his name in a Spokane bank. On the same afternoon, Kontrath wrote checks on his account as follows: To Payless Drug Store for $20 for which he received merchandise and cash; to Emry's Clothing Store for $75, in payment of his previous open account of $24.98 and that of his friend, William D. Smith, in the

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