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STATE v. TEMPLE

No. 545-1.

5 Wn. App. 1 (1971)

485 P.2d 93

THE STATE OF WASHINGTON, Respondent, v. JAMES LEE TEMPLE, Appellant.

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

May 17, 1971.

Attorney(s) appearing for the Case

Francis & Ackerman and Jack J. Ackerman, for appellant (appointed counsel for appeal).

Christopher T. Bayley, Prosecuting Attorney, Patricia G. Harber and James E. Warme, Deputies, for respondent.

JAMES, J.

James Lee Temple was convicted by a jury of first-degree murder. Under the instructions, the jury could have found that the homicide was either premeditated or that the victim was shot while Temple was "in the commission of, or in an attempt to commit, or in withdrawing from the scene of an attempted robbery."

Temple first assigns error to the limitation placed on his cross-examination of an eyewitness to...

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