STATE v. GIBSON

Nos. 574-41156-1, 41157-1.

3 Wn. App. 596 (1970)

476 P.2d 727

THE STATE OF WASHINGTON, Respondent, v. NORMAN ALLEN GIBSON et al., Appellants.

The Court of Appeals of Washington, Division One — Panel 2.

November 16, 1970.


Attorney(s) appearing for the Case

Stern, Gayton, Neubauer & Brucker and Thomas H.S. Brucker, for appellants (appointed counsel for appeal).

Charles O. Carroll, Prosecuting Attorney, and Jerry Brian Riess, Deputy, for respondent.


UTTER, J.

Two brothers, Norman and Phillip Gibson, were charged with and convicted of assault. They raise two questions on appeal. These are, whether the court erred in admitting a police guard's testimony regarding a statement made by Norman Gibson to a doctor while the guard was present and whether the admission of this statement was error requiring reversal of the convictions of the two brothers. We hold the physician-patient privilege forbids the use of the statement...

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