STATE v. HENNEKE

No. 40738.

78 Wn.2d 147 (1970)

470 P.2d 176

THE STATE OF WASHINGTON, Respondent, v. JAMES PAUL HENNEKE, Appellant.

The Supreme Court of Washington, En Banc.

May 28, 1970.


Attorney(s) appearing for the Case

Henry P. Opendack and H. John Aitken (of Egger & Aitken), for appellant (appointed counsel for appeal).

Charles O. Carroll and Darrell E. Lee, for respondent.


HAMILTON, J.

Defendant John Paul Henneke was charged, tried before the court sitting without a jury, and convicted of unlawful possession of marijuana. He was granted a deferred sentence of 3 years, conditioned upon his serving 60 days in the county jail. He appeals.

The root question presented on this appeal is: Can a police officer after lawfully arresting a person for a minor misdemeanor, and preparatory to placing the individual in a police vehicle for...

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