STATE v. GILCRIST

No. 45595.

91 Wn.2d 603 (1979)

590 P.2d 809

THE STATE OF WASHINGTON, Respondent, v. ALVIN L. GILCRIST, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

February 8, 1979.


Attorney(s) appearing for the Case

Stephen E. Llewellyn and Lutcher & Llewellyn, for appellant Gilcrist.

James K. Hayner and Minnick, Hayner & Zagelow, P.S., for appellant Agtuca.

Arthur R. Eggers, Prosecuting Attorney, and Larry Siegel and Jerry A. Votendahl, Deputies, for respondent.

Wayne Lieb and Sally Harrison on behalf of Institutional Legal Services Project, amici curiae.


BRACHTENBACH, J.

An inmate of the state penitentiary, inmate Johnson, was stabbed 31 times by other inmates. Appellants Gilcrist and Agtuca were charged with and convicted by a jury of that first-degree assault. Later both appellants were determined to be habitual criminals under RCW 9.92.090. Their appeals were consolidated. We affirm.

While there is conflicting testimony, the jury could have believed the State's witnesses as to the following testimony: ...

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