STATE v. ROSS

No. 15263-7-I.

42 Wn. App. 806 (1986)

714 P.2d 703

THE STATE OF WASHINGTON, Respondent, v. CLARK ELMO ROSS, Appellant.

The Court of Appeals of Washington, Division One.

February 18, 1986.


Attorney(s) appearing for the Case

Browne, Ressler & Foster and John Henry Browne, for appellant.

Norm Maleng, Prosecuting Attorney, and Greg R. Hubbard, Deputy, for respondent.


RINGOLD, A.C.J.

After a jury trial Clark Elmo Ross was found guilty on two counts of assault with a deadly weapon. Ross appeals, arguing that the trial court erred by admitting a 911 tape into evidence and then allowing it to be used during jury deliberations. We hold that Ross's constitutional right to confront witnesses was denied; therefore, we reverse.

On July 5, 1979, shortly after 5 a.m., a shooting occurred...

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