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STATE v. RASMUSSEN

No. 585-1.

5 Wn. App. 317 (1971)

487 P.2d 250

THE STATE OF WASHINGTON, Respondent, v. DUANE WAYNE RASMUSSEN, Appellant.

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

July 12, 1971.

Attorney(s) appearing for the Case

David L. Scott, for appellant (appointed counsel for appeal).

Christopher T. Bayley, Prosecuting Attorney, and Gerald M. Lorentson, Deputy, for respondent.

JAMES, J.

Duane Wayne Rasmussen and Michael James Sarrett were jointly charged with the crime of assault in the first degree. They waived a jury trial and both were convicted. Each has separately appealed.

The pivotal question was whether Sarrett fired a pistol at two police officers who had stopped the car which Rasmussen drove with Sarrett as a passenger. Although the defendants admitted that there were two pistols in the car,

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