STATE v. CUZICK

No. 1094-2.

11 Wn. App. 539 (1974)

524 P.2d 457

THE STATE OF WASHINGTON, Respondent, v. ARLEN D. CUZICK, Appellant.

The Court of Appeals of Washington, Division Two.

July 2, 1974.


Attorney(s) appearing for the Case

Jerome L. Buzzard (of Buzzard, Brown & Glenn), for appellant.

S. Brooke Taylor, Prosecuting Attorney, for respondent.


ARMSTRONG, J.

The first impression issue presented by this appeal is whether a criminal defendant's right to trial by jury was violated when the trial court permitted an alternate or thirteenth juror to be in attendance during the deliberations of the jury. We hold that reversible error was committed.

There was substantial evidence to support the convictions of two counts of sodomy, from which the defendant appeals. The event giving rise to this appeal occurred...

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