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STATE v. LANE

Nos. 381-1; 840-1.

4 Wn. App. 745 (1971)

484 P.2d 432

THE STATE OF WASHINGTON, Respondent, v. JIMMY OTIS LANE, Appellant. THE STATE OF WASHINGTON, Respondent, v. CLAUDELL EDWARDS, Appellant.

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

April 19, 1971.

Attorney(s) appearing for the Case

Larry L. Barokas, for appellant Lane (appointed counsel for appeal).

Edwin S. Stone, for appellant Edwards (appointed counsel for appeal).

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

UTTER, J.

Claudell Edwards and Jimmy Otis Lane were charged with two counts of robbery and one count of rape and convicted on each of the three counts. Both defendants appeal their convictions. They had been previously charged with robbery, assault, and rape but that jury was unable to agree upon a verdict.

Lane and Edwards challenge the court's failure to give the jury certain instructions relating to eyewitness identification and its failure to declare a...

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