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STATE v. BYRD

No. 7642-6-I.

30 Wn. App. 794 (1981)

638 P.2d 601

THE STATE OF WASHINGTON, Respondent, v. ARNELL GEORGE BYRD, ET AL, Appellants.

The Court of Appeals of Washington, Division One.

December 28, 1981.

Attorney(s) appearing for the Case

Warner, Pierce, Peden & Elliott, Donald Elliott, Edwards & Barbieri, and Charles Wiggins, for appellants.

Norm Maleng, Prosecuting Attorney, and Rebecca J. Roe, Deputy, for respondent.

WILLIAMS, J.

Arnell Byrd and David Miller were charged with first degree rape by kidnapping and forcible compulsion, tried together with the same counsel before a jury and convicted. They separately appeal with Miller also filing a personal restraint petition.

The essential facts not in controversy are that about 2 in the morning, after considerable drinking, Byrd and Miller picked up the prosecuting witness who...

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