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STATE v. NORMAN

No. 2952-3.

24 Wn. App. 811 (1979)

603 P.2d 1280

THE STATE OF WASHINGTON, Respondent, v. THOMAS GLENN NORMAN, Appellant.

The Court of Appeals of Washington, Division Three.

December 11, 1979.

Attorney(s) appearing for the Case

John K. Johnsen and McNally & Stewart, for appellant.

Greg M. Devlin, Prosecuting Attorney, for respondent.

GREEN, C.J.

Defendant appeals his jury conviction on a charge of second-degree malicious mischief. We reach only one issue: Did the trial judge err in refusing to honor an affidavit of prejudice?

RCW 4.12.050 provides, in part, that:

in counties where there is but one resident judge, such motion and affidavit [of prejudice] shall be filed not later than the day on which the case is called to be set for trial ...

(Italics ours.) This...

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