STATE v. BARTON

No. 45539.

93 Wn.2d 615 (1980)

611 P.2d 789

THE STATE OF WASHINGTON, Respondent, v. THOMAS J. BARTON, JR., Petitioner.

The Supreme Court of Washington, En Banc.

May 29, 1980.


Attorney(s) appearing for the Case

Edward B. Critchlow, Richard M. Knoeber, and Critchlow, Williams, Ryals & Schuster, for petitioner.

Curtis Ludwig, Prosecuting Attorney, for respondent.


BRACHTENBACH, J.

Defendant was charged with second-degree murder as a result of a shooting which followed an altercation between the occupants of two motor vehicles. After trial on the charge, the jury was unable to reach a verdict and a mistrial was declared. A new trial was scheduled by the Superior Court administrator for February 7, 1977, 94 days after the date of the mistrial. On February 4, 1977, defendant filed a motion to dismiss the charge with prejudice...

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