STATE v. PORTER

No. 175-3.

3 Wn. App. 737 (1970)

477 P.2d 653

THE STATE OF WASHINGTON, Respondent, v. JAMES BRYANT PORTER, Appellant.

The Court of Appeals of Washington, Division Three.

December 4, 1970.


Attorney(s) appearing for the Case

Smith, Smith & Smith and Lawrence Cary Smith, for appellant.

Donald C. Brockett, Prosecuting Attorney, and James B. Crum, Deputy, for respondent.


MUNSON, J.

Defendant, James Porter, appeals from a conviction on two counts of indecent liberties.

The sole issue upon which the outcome of this appeal depends is: Whether the trial court committed reversible error by allowing the jury to separate without the consent of defendant as required by RCW 10.49.110. We find in the affirmative.

After the jury had been sworn, it was allowed to separate for a short period during the noon recess, and again overnight...

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