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STATE v. CARTER

No. 197-1.

5 Wn. App. 802 (1971)

490 P.2d 1346

THE STATE OF WASHINGTON, Respondent, v. WALTER REED CARTER, Appellant.

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

November 22, 1971.

Attorney(s) appearing for the Case

Robert L. Butler, for appellant.

Christopher T. Bayley, Prosecuting Attorney, Suzanne B. Amacher and Marco J. Magnano, Jr., Deputies, for respondent.

John M. Junker, amicus curiae.

FARRIS, A.C.J.

Walter Reed Carter was convicted of the crime of burglary in the second degree following a jury trial. He appeals from that conviction. This matter is before the court upon the granting of appellant's petition for rehearing. We adhere to the result of the original decision reported in 4 Wn.App. 115, 479 P.2d 543 (1971). The facts are restated here for clarification.

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