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STATE v. ZIBELL

No. 8983-8-I.

32 Wn. App. 158 (1982)

646 P.2d 154

THE STATE OF WASHINGTON, Respondent, v. WILLIAM SHERMAN ZIBELL, Appellant.

The Court of Appeals of Washington, Division One.

June 7, 1982.

Attorney(s) appearing for the Case

Robert C. Boruchowitz and Janet Ainsworth of Seattle-King County Public Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Deanna Fuller, Deputy, for respondent.

JAMES, J.

Willie Zibell appeals his conviction for statutory rape in the second degree.1 We reverse.

A girl, aged 12 at the time of the incident, testified that she agreed to "go out" with Zibell, then aged 18, on the evening of November 18, 1979. She remained with Zibell until the following evening, and on that afternoon engaged in consensual sexual intercourse with Zibell. Zibell admitted having intercourse but defense witnesses...

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