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STATE v. SMALLS

Nos. 9750-4-I; 11099-3-I.

32 Wn. App. 693 (1982)

649 P.2d 169

THE STATE OF WASHINGTON, Respondent, v. HAROLD SMALLS, Appellant. THE STATE OF WASHINGTON, Appellant, v. THOMAS LLOYD SIMCOX, JR., Respondent.

The Court of Appeals of Washington, Division One.

August 2, 1982.

Attorney(s) appearing for the Case

John Henry Browne, for appellant Smalls.

William J. Gaffney, for respondent Simcox.

Norm Maleng, Prosecuting Attorney, and William Redkey and Michael V. Linnabary, Deputies, for State.

DURHAM, A.C.J.

These cases were consolidated for appeal due to apparent similarity of issues. Closer examination revealed differences sufficient to warrant separate discussion of each case.

STATE v. SIMCOX

Thomas Simcox was tried by a jury on a charge of second degree burglary. The jurors received the usual instructions regarding their duty not to discuss the case with anyone. On June 10, 1981, the first day of trial, Simcox, his counsel, the prosecutor...

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