Volume 24 — Washington Appellate Reports

<bold>[1] Criminal Law — Evidence — Other Offenses — Common Scheme.</bold> Evidence of the commission of another offense is admissible to show a common scheme or plan only if the scheme or plan is shown to include both the other offense and the charged act. <bold>[2] Criminal Law — Evidence — Other Offenses — Common Method.</bold> Evidence of commission of another offense is admissible to establish the identity of an accused as the perpetrator of a charged offense only if both offenses were committed by a means so unique and distinctive that a high probability of his committing the charged act exists. <bold>[3] Criminal Law — Evidence — Other Offenses — Test.</bold> Evidence of the commission of other offenses by a defendant is not admissible unless it is both relevant and necessary to prove an essential element of the crime charged. <bold>[4] Rape — Evidence — Other Offenses — Force and Consent.</bold> Evidence of the commission of other forcible rapes or attempted<page_number>Page 371</page_number> rapes by a defendant to a rape charge may not be admitted to corroborate his use of force and a victim's lack of consent.

<bold>[1] Vendor and Purchaser — Multiple Purchasers — Estate</bold> <bold>Created.</bold> When two persons each purchase an undivided one-half interest in real property, they share an interest in common pursuant to RCW <cross_reference>64.28.020</cross_reference> and their rights and obligations are determined in accordance with the law applicable to tenants in common rather than joint tenants. <bold>[2] Tenancy in Common — Nature — In General.</bold> Unity of possession is the essential characteristic of a tenancy in common. Each tenant owns a separate estate by separate and distinct title. <bold>[3] Process — Service — Service on One Tenant in Common —</bold> <bold>Effect.</bold> Service of process upon one tenant in common does not constitute service upon other tenants in common. Due process considerations forbid a plaintiff from proceeding against the separate estate of a tenant in common who is not individually served. <bold>[4] Vendor and Purchaser — Vendee's Interest — Transfer —</bold> <bold>Effect.</bold> A purchaser under a real estate contract who sells his interest in the property by a second real estate contract retains a protectable interest in the property.