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STATE v. AIKEN

Nos. 38592, 38629.

72 Wn.2d 306 (1967)

434 P.2d 10

THE STATE OF WASHINGTON, Respondent, v. ARTHUR NATHANIEL AIKEN, Appellant. THE STATE OF WASHINGTON, Respondent, v. ANTONIO NATHANIEL WHEAT, Appellant.

The Supreme Court of Washington, En Banc.

October 26, 1967.

Attorney(s) appearing for the Case

Kempton, Savage & Gossard, Robert S. Egger, and Anthony Savage, Jr., for appellant Aiken (appointed council for appeal).

Charles M. Stokes and Philip L. Burton, for appellant Wheat (appointed council for appeal).

Charles O. Carroll, William L. Kinzel, and Jack A. Richey, for respondent.

Douglas Shaw Palmer, amicus curiae.

HUNTER, J.

This is an appeal from the conviction of the defendants (appellants), Antonio N. Wheat and Arthur N. Aiken, on three counts of murder in the first degree, while the defendants were engaged in committing, attempting to commit, or withdrawing from the scene of a robbery. The death penalty was imposed by a special verdict of the jury.

Wheat and Aiken were airmen 3rd class in the United States Air Force, stationed at Paine Field near Everett, Washington...

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