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STATE v. SULESKI

No. 37433.

67 Wn.2d 45 (1965)

406 P.2d 613

THE STATE OF WASHINGTON, Respondent, v. THOMAS STANLEY SULESKI, Appellant.

The Supreme Court of Washington, En Banc.

October 7, 1965.

Attorney(s) appearing for the Case

Savage & Nuxoll, for appellant.

Philip H. Faris, and D.L. McMannis, for respondent.

HAMILTON, J.

This case strikingly illustrates the incongruity of undertaking to test the legality of a search and the admissibility of seized evidence in the presence of a jury. The following sequence of events leads to this appeal.

On August 14, 1962, appellant (defendant), using his brother's name, obtained a prescription for dolophine (a narcotic drug) from a doctor in Palouse, Washington, claiming he was afflicted...

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