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STATE v. BASTINELLI

No. 42393.

81 Wn.2d 947 (1973)

506 P.2d 854

THE STATE OF WASHINGTON, Respondent, v. FIORE M. BASTINELLI, Petitioner, HARDYN B. SOULE, Judge of the Superior Court for Pierce County, et al., Respondents.

The Supreme Court of Washington, En Banc.

February 22, 1973.

Attorney(s) appearing for the Case

Davies, Pearson, Anderson & Gadbow, by Erick R. Alden, for petitioner.

Ronald L. Hendry, Prosecuting Attorney, Joseph D. Mladinov, Special Counsel, and Eugene G. Olson, Chief Criminal Deputy, for respondent.

STAFFORD, J.

Petitioner, Fiore M. Bastinelli, contends that he was acquitted of a criminal charge tried to the court. Petitioner seeks a writ of prohibition to prevent the trial court's subsequent attempt to substitute a verdict of guilty.

Petitioner was charged with grand larceny. The cause was tried to the court. At the conclusion of all evidence, and such argument as respective counsel deemed necessary, the matter was submitted for decision March 23, 1972...

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