STATE v. WAGNER

No. 12131-6-I.

36 Wn. App. 286 (1983)

673 P.2d 638

THE STATE OF WASHINGTON, Respondent, v. DAVID WAGNER, Appellant.

The Court of Appeals of Washington, Division One.

December 21, 1983.


Attorney(s) appearing for the Case

Raymond H. Thoenig and Paris K. Kallas of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Dan Gibson, Deputy, for respondent.


WILLIAMS, J.

After a trial to the court, sitting with a jury, David Wagner was convicted of burglary in the second degree. He appeals from the judgment entered on the verdict, contending that the trial court erred by refusing to instruct the jury that Wagner could not be found guilty solely upon dog tracking evidence. We reverse.

The facts essential to a disposition of this case are as follows: On December 17, 1981, at 1:30 a.m., Ronald Kennedy heard noises...

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