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STATE v. CARTER

Nos. 139-2, 147-2, 214-41061-2, 322-41116-2, 296-2.

4 Wn. App. 103 (1971)

480 P.2d 794

THE STATE OF WASHINGTON, Respondent, v. FRANK F. CARTER et al., Appellants. In the Matter of the Application for a Writ of Habeas Corpus of CECIL GRANT WILSON, Petitioner, v. WILLIAM R. CONTE, Respondent.

The Court of Appeals of Washington, Division Two.

January 14, 1971.

Attorney(s) appearing for the Case

Herbert Gelman, for appellant Carter (appointed counsel for appeal).

Durward E. Self, for appellant Wilson (appointed counsel for appeal).

Frank P. Girolami, for appellant Miranda (appointed counsel for appeal).

Robert G. Kerr, for appellant Reinhart (appointed counsel for appeal).

Cecil Grant Wilson, pro se.

Slade Gorton, Attorney General, Stephen C. Way, Assistant, Ronald L. Hendry, Prosecuting Attorney, Joseph D. Mladinov, Special Counsel, and Eugene G. Olson, Chief Criminal Deputy, for respondent.

ARMSTRONG, C.J.

This is the case of the spontaneous robbery — at least that is the contention of defendants Rodney Ronald Reinhart, Cecil Grant Wilson, and John Lee Miranda. They maintain that they were unaware that a robbery had been planned. The primary question they present is whether the court's instructions permitted them to effectively present their defense of unwitting participation in the robbery of LaPore's ShopRite. The instructions did not advise...

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