STATE v. DAVIS

No. 5784-1-II.

35 Wn. App. 506 (1983)

667 P.2d 1117

THE STATE OF WASHINGTON, Appellant, v. MICHAEL C. DAVIS, Respondent.

The Court of Appeals of Washington, Division Two.

August 9, 1983.


Attorney(s) appearing for the Case

William H. Griffies, Prosecuting Attorney, and Chris Quinn-Brintnall, Deputy, for appellant.

George Kelley, for respondent.


PETRICH, C.J.

The State appeals the granting of a new trial to defendant, who was charged with accomplice liability for first degree robbery. At issue is whether a general verdict finding defendant guilty of first degree robbery is inconsistent and irreconcilable with a special verdict finding he was not armed with a deadly weapon. We hold the verdicts are not inconsistent and reverse.

On December 30, 1980, Herbert Wallace pointed a gun at a pharmacy clerk...

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