STATE v. EMMETT

No. 40338.

77 Wn.2d 520 (1970)

463 P.2d 609

THE STATE OF WASHINGTON, Respondent, v. ROBERT JAMES EMMETT, Appellant.

The Supreme Court of Washington, Department Two.

January 8, 1970.


Attorney(s) appearing for the Case

Patrick, Zylstra & Pitt, by Ted D. Zylstra, for appellant (appointed counsel for appeal).

Edward C. Beeksma and Harold E. Baily, for respondent.


NEILL, J.

Defendant appeals from convictions and sentences on charges of second degree burglary and unlawful possession of narcotics. A third count of second degree burglary was dismissed at the close of the state's case.

Defendant did not introduce any evidence, being content to stand on his challenge to the sufficiency of the evidence as to all counts.

Error is assigned to the failure of the trial court to dismiss the two counts on which a guilty...

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