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STATE v. SMILEY

No. 39991.

74 Wn.2d 784 (1968)

446 P.2d 319

THE STATE OF WASHINGTON, Respondent, v. ROBERT SMILEY, Defendant, EDDIE B. ROSE, JR., Appellant.

The Supreme Court of Washington, Department Two.

October 31, 1968.

Attorney(s) appearing for the Case

Wesley G. Hohlbein, for appellant (appointed counsel for appeal).

Charles O. Carroll and C.N. Marshall, for respondent.

HILL, J.

Eddie B. Rose, Jr., and Robert Smiley were charged with robbing the London Shop of certain wearing apparel and with assaults on John Stewart, the owner of the shop, and Robert Stewart, who was assisting him at the time of the robbery.

Three colored males were in the London Shop at the time of the robbery and the assaults on John and Robert Stewart. Robert Smiley did not leave the shop following the robbery and the assaults, and his defense was that...

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