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STATE v. EATON

No. 4524-II.

30 Wn. App. 288 (1981)

633 P.2d 921

THE STATE OF WASHINGTON, Respondent, v. PHILIP MICHAEL EATON, Appellant.

The Court of Appeals of Washington, Division Two.

September 4, 1981.

Attorney(s) appearing for the Case

T. Jeffrey Keane, for appellant.

James E. Carty, Prosecuting Attorney, Joan Giller, Deputy, Weber, Baumgartner & Gunn, and Ernest L. Nicholson, for respondent.

REED, C.J.

Defendant Philip Michael Eaton appeals his conviction of second degree burglary. We reverse.

Shortly after 8 p.m. on October 21, 1979, Vancouver police arrested defendant within a few minutes after he broke the glass front door of a state liquor store and removed a few bottles of liquor. He was later charged with second degree burglary.1 According to the evidence presented

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