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STATE v. PINKERTON

Nos. 38949, 39734.

72 Wn.2d 898 (1967)

435 P.2d 661

THE STATE OF WASHINGTON, Respondent, v. CECIL ANDREW PINKERTON, Appellant. In the Matter of the Application for a Writ of Habeas Corpus of CECIL ANDREW PINKERTON, Petitioner, v. B.J. RHAY, as Superintendent of the State Penitentiary, Respondent.

The Supreme Court of Washington, Department Two.

December 28, 1967.

Attorney(s) appearing for the Case

Smith, Scott & Morthland, by Fred L. Stewart (appointed counsel for appeal), and Cecil Pinkerton, pro se, for appellant.

Lincoln E. Shropshire and Donald R. Shaw, for respondent.

HUNTER, J.

This is an appeal from the conviction of the defendant (appellant), Cecil A. Pinkerton, of second-degree burglary, in the Superior Court for Yakima County. Defendant presents similar issues in his petition for a writ of habeas corpus, which we will consider at the conclusion of our disposition of this appeal. We summarize the facts as follows.

On a Sunday, at about 6 a.m., September 6, 1965, Maxine Long, owner of the Plaza Hotel on North First Street...

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