STATE v. EISNER

No. 47100-2.

95 Wn.2d 458 (1981)

626 P.2d 10

THE STATE OF WASHINGTON, Respondent, v. AUGUST JOSEPH EISNER, Petitioner.

The Supreme Court of Washington, En Banc.

April 2, 1981.


Attorney(s) appearing for the Case

Joseph R. Schneider (of Sensney, Davis, McCormick & Schneider), for petitioner.

Curtis Ludwig, Prosecuting Attorney, and Ray Whitlow, Deputy, for respondent.


DOLLIVER, J.

Defendant was charged with first degree statutory rape of his niece, A.A. There were no witnesses and Eisner denied the charge. The State's case was therefore dependent upon the testimony of A., who was 5 years old at the time of trial and 4 at the time of the alleged rape. Defendant's defense was largely dependent upon his own testimony.

On October 6, 1978, a pretrial competency hearing was held. Both the prosecutor and defense counsel were permitted...

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