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STATE v. RAKES

No. 205-40949, 206-41238-2.

2 Wn. App. 833 (1970)

472 P.2d 399

THE STATE OF WASHINGTON, Respondent, v. JOSEPH HOWARD RAKES, Appellant. In the Matter of the Application for a Writ of Habeas Corpus of JOSEPH HOWARD RAKES, Petitioner, v. WILLIAM R. CONTE, Respondent.

The Court of Appeals of Washington, Division Two.

June 8, 1970.

Attorney(s) appearing for the Case

Ray Hayes, Jr. and Brian M. Baker, for appellant and petitioner (appointed counsel for appeal).

Gilbert C. Valley, Prosecuting Attorney, for respondent State of Washington.

Slade Gorton, Attorney General, and Lee D. Rickabaugh, Assistant, for respondent Conte.

ARMSTRONG, C.J.

Defendant appeals from a conviction of manslaughter based on a jury verdict following trial on a charge of murder in the second degree. Defendant has also filed a petition for writ of habeas corpus which is consolidated with his appeal.

It is conceded that the decedent, James E. Workman, died in the early morning hours of November 16, 1968, as a result of a .22 caliber gunshot wound inflicted by...

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