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STATE v. SMALLS

No. 49058-9.

99 Wn.2d 755 (1983)

665 P.2d 384

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

The Supreme Court of Washington, En Banc.

June 9, 1983.

Attorney(s) appearing for the Case

John Henry Browne and Browne, Ressler & Foster, for petitioner Smalls.

William J. Gaffney, for petitioner Simcox.

Norm Maleng, Prosecuting Attorney, and Michael V. Linnabary, Deputy, for respondent.

PEARSON, J.

Defendants in consolidated cases appeal a Court of Appeals decision affirming their convictions of burglary (Simcox) and murder (Smalls).

The dispositive issue before us is whether a presumption of prejudice to a defendant arises when the trial court, pursuant to CrR 6.7, allows the jury to separate after deliberations have begun. We hold that CrR 6.7 does not authorize separation of the jury after deliberations begin and that

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