STATE v. KIMBRIEL

No. 683-2.

8 Wn. App. 859 (1973)

510 P.2d 255

THE STATE OF WASHINGTON, Respondent, v. JAMES ROBERT KIMBRIEL, Appellant.

The Court of Appeals of Washington, Division Two.

May 4, 1973.


Attorney(s) appearing for the Case

William H. Dunn, for appellant (appointed counsel for appeal).

C. Brent Nevin, Prosecuting Attorney, and Frederick J. Stoker, Chief Deputy, for respondent.


PEARSON, C.J.

The defendant, James Robert Kimbriel, was tried and convicted by a jury on one count of armed robbery and one count of car theft. He appeals the judgment and sentence, claiming that several evidentiary rulings and jury instructions were in error, preventing him from obtaining a fair trial. We agree that a new trial should be granted.

In the late afternoon of June 23, 1971 several young people commenced gathering for a party at a residence near...

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