STATE v. GALEN

No. 653-1.

5 Wn. App. 353 (1971)

487 P.2d 273

THE STATE OF WASHINGTON, Respondent, v. TIMOTHY HUGH GALEN, Appellant.

The Court of Appeals of Washington, Division One — Panel 1.

July 12, 1971.


Attorney(s) appearing for the Case

Howard T. Manion, for appellant (appointed counsel for appeal).

Christopher T. Bayley, Prosecuting Attorney, and Douglas S. Dunham, Deputy, for respondent.


HOROWITZ, C.J.

The defendant, Timothy H. Galen, was convicted by a jury of the crime of burglary in the second degree, and shortly thereafter an order suspending sentence was entered. The defendant filed a timely notice of appeal from his conviction and is here represented by his trial counsel.

The facts are not in dispute. On December 26, 1969 at about 2:30 a.m., one Albert A. Graham was proceeding south on Roosevelt Way N.E. in Seattle. Graham observed a...

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