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STATE v. MARKS

No. 39043.

71 Wn.2d 295 (1967)

427 P.2d 1008

THE STATE OF WASHINGTON, Appellant, v. FLOYD D. MARKS, Respondent.

The Supreme Court of Washington, Department Two.

May 25, 1967.

Attorney(s) appearing for the Case

George A. Kain and Lee A. Larson, for appellant.

Hamblen, Gilbert & Brooke (Wm. F. Nielsen, of counsel) for respondent (appointed counsel for appeal).

DONWORTH, J.

Respondent, Floyd D. Marks, was charged by substitute information filed in superior court in Spokane County, with two counts of indecent liberties, committed on or about June 20, 1965, and August 24, 1965, on the person of a female child under the age of 15 years, to wit, 9 years of age. The original information had charged two counts of sodomy.

The trial began on May 16, 1966, and the case was submitted to the jury the following day. On May 18...

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