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STATE v. STEWART

No. 92-40791-3.

2 Wn. App. 637 (1970)

468 P.2d 1006

THE STATE OF WASHINGTON, Respondent, v. BERNARD J. STEWART, Appellant.

The Court of Appeals of Washington, Division Three.

May 8, 1970.

Attorney(s) appearing for the Case

Joseph A. Simpson, for appellant (appointed counsel for appeal).

Donald C. Brockett, Prosecuting Attorney, and Claude Bailey, Deputy, for respondent.

MUNSON, J.

Bernard Stewart appeals from a conviction on 2 counts of carnal knowledge with his 17 1/2-year-old stepdaughter, allegedly committed on July 25th and 27th of 1968.

The primary issue on appeal is whether the state, without showing surprise or prejudice, may impeach its own witness.

After offering testimony by the victim establishing the two alleged incidents of carnal knowledge, the state called

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