STATE v. SMITH

No. 48378-7.

97 Wn.2d 856 (1982)

651 P.2d 207

THE STATE OF WASHINGTON, Appellant, v. NOVA RICHARD SMITH, Respondent.

The Supreme Court of Washington, En Banc.

September 16, 1982.


Attorney(s) appearing for the Case

C.J. Rabideau, Prosecuting Attorney, and Pamela Cameron, Deputy, for appellant.

Olson, Olson & Hevel, by Vic L. Vanderschoor, for respondent.


DIMMICK, J.

Assault victim, Rachael Conlin, wrote out a statement on a form supplied by a detective of the Pasco Police Department, which contained Miranda warnings, in which she named Nova Smith (defendant) as her assailant. She signed under oath with penalty of perjury before a notary. At Smith's trial a month later, she named another man as her attacker. The trial court allowed her prior inconsistent statement to be used as substantive evidence ruling it...

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