STATE v. DUCKETT

Nos. 39286, 39594.

73 Wn.2d 692 (1968)

440 P.2d 485

THE STATE OF WASHINGTON, Respondent, v. ROBERT LEON DUCKETT, Appellant. In the Matter of the Application for a Writ of Habeas Corpus of ROBERT LEON DUCKETT, Petitioner, v. ERNEST C. TIMPANI, as Superintendent of the Washington Correction Center, Respondent.

The Supreme Court of Washington, Department One.

May 2, 1968.


Attorney(s) appearing for the Case

Hohlbein, Church, Sawyer & VanDerhoef, by Kenneth D. VanDerhoef, for appellant (appointed counsel for appeal).

Charles O. Carroll and David H. Beitz, for respondent State.

Lee D. Rickabaugh, for respondent Timpani.


WEAVER, J.

A jury found defendant guilty of robbery while armed with a deadly weapon. While his appeal from a judgment and sentence was still pending, defendant filed a petition for a writ of habeas corpus. We consider together the questions raised by the appeal and the petition.

The market robbed was located at 5409 Fourth Avenue South in Seattle. The owner of the market and his employee, who had seen defendant in the store "many times before," made in-court...

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