STATE v. SPENCE

No. 854-1.

5 Wn. App. 752 (1971)

490 P.2d 1321

THE STATE OF WASHINGTON, Respondent, v. HAROLD OMAND SPENCE, Appellant.

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

November 15, 1971.


Attorney(s) appearing for the Case

David Allen, for appellant.

Christopher T. Bayley, Prosecuting Attorney, and James E. Warme, Deputy, for respondent.


HOROWITZ, C.J.

Defendant, after jury trial, was convicted of violating RCW 9.86.020(1) and (2), which forbids the improper use for exhibition or display of any flag of the United States as therein defined. On appeal he contends his conviction should be reversed and the charge dismissed because the statute violates his First Amendment rights. For the reasons next stated, we uphold his contention.

RCW 9.86.020(1) and (2) provide:

No person shall, in...

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