77 Wash. 2d
Volume 77 — Washington Reports, Second Series
123 opinions
- 77 Wash. 2d 1Home Indemnity Co. v. McClellan Motors, Inc. (1969)
- 77 Wash. 2d 6Sutherland v. Sutherland (1969)
- 77 Wash. 2d 12Vallet v. City of Seattle (1969)
- 77 Wash. 2d 23Fadden v. Purvis (1969)
- 77 Wash. 2d 27State v. Callahan (1969)
- 77 Wash. 2d 33State v. Ashby (1969)
- 77 Wash. 2d 39State v. Etheridge (1969)
- 77 Wash. 2d 42In Re Eddleman (1969)
- 77 Wash. 2d 47State v. Grant (1969)
- 77 Wash. 2d 54State v. Moore (1969)
- 77 Wash. 2d 59Apostle v. City of Seattle (1969)
- 77 Wash. 2d 69State v. Bible (1969)
- 77 Wash. 2d 73Howe v. Washington Land Yacht Harbor, Inc. (1969)
- 77 Wash. 2d 73Howe v. WN. LAND YACHT HARBOR, INC. (1969)
- 77 Wash. 2d 89State v. Helms (1969)
- 77 Wash. 2d 94Washington Natural Gas Co. v. Public Utility District No. 1 (1969)
- 77 Wash. 2d 105State v. Kruger (1969)
- 77 Wash. 2d 109Brown v. State (1969)
- 77 Wash. 2d 110Grant County Constructors v. E. v. Lane Corp. (1969)
- 77 Wash. 2d 128Deglow v. Smith (1969)
- 77 Wash. 2d 130State v. Laitinen (1969)
- 77 Wash. 2d 136State v. Van Auken (1969)
<bold>[1] Constitutional Law — Criminal Law — Self-incrimination —</bold> <bold>Necessity to Refute Evidence.</bold> The constitutional prohibition against compelling a defendant to testify against himself (Const. art. 1, § 9) connotes the exaction of testimony under compulsion and over his objection. The fact that a defendant feels it necessary to testify to refute particular evidence introduced by the prosecution does not constitute compulsion as encompassed by the constitutional ban. <bold>[2] Larceny — Embezzlement — Information — Specifying Time of</bold> <bold>Obtaining Possession.</bold> When an information charges embezzlement of funds the defendants had in their possession between certain dates, it is irrelevant that they may have obtained possession of the funds at a date prior to the period that the information specifies as the period in which the funds were taken. <bold>[3] Criminal Law — Trial — Instructions — Negative</bold> <bold>Instructions.</bold> Negative instructions setting forth matters that will not support a conviction are not required, and it is not error to refuse them. <bold>[4] Appeal and Error — Assignments of Error — Citation of</bold> <bold>Authority — Necessity.</bold> Contentions unsupported by argument or authority will generally not be considered by the Supreme Court. <bold>[5] Criminal Law — Trial — Argument of Counsel — Deductions From</bold> <bold>Evidence.</bold> When determining whether counsel has gone beyond the reasonable latitude permitted in his argumentative deductions from the evidence, the court will refer to the context in which the remark was made and the effect it was likely to have upon the jury. <bold>[6] Appeal and Error — Review — Issues Not Raised in Trial</bold> <bold>Court.</bold> If a trial court is not afforded an opportunity to rule on an error later asserted on appeal, it constitutes a waiver of the right to assert the alleged error unless it is of such a flagrant or prejudicial nature that curative measures would have been futile. [1] See 58 Am. Jur., Witnesses (1st ed. § 40).
- 77 Wash. 2d 144Petstel, Inc. v. County of King (1969)
- 77 Wash. 2d 162United Pacific Insurance v. Lundstrom (1969)
- 77 Wash. 2d 174Bowman v. Bowman (1969)
- 77 Wash. 2d 178Warner v. McCaughan (1969)
- 77 Wash. 2d 186O'CONNELL v. Scott Paper Co. (1969)
- 77 Wash. 2d 190Union Enterprise, Inc. v. City of Seattle (1969)
- 77 Wash. 2d 194State v. Creach (1969)
- 77 Wash. 2d 209Hogenson v. Service Armament Co. (1969)
- 77 Wash. 2d 219Pague v. Petroleum Products, Inc. (1969)
- 77 Wash. 2d 227State v. Nist (1969)
<bold>[1] Criminal Law — Appeal and Error — Review — Harmless Error.</bold> Constitutional error in the admission of evidence in a criminal case is harmless error when there is overwhelming untainted evidence to support the defendant's conviction, and the erroneous evidence in no way affected the final outcome of the case. To hold it to be harmless, a reviewing court must be able to declare a belief that it was harmless beyond a reasonable doubt. <bold>[2] Criminal Law — Right to Counsel — Police Lineup.</bold> The constitutional requirement that counsel be present at police lineups is not applicable to a lineup held prior to June 12, 1967, even though the trial of a defendant, who was identified in such a lineup, is held subsequent to that date. <bold>[3] Indictment and Information — Joinder of Offenses — Evidence</bold> <bold>Involving Additional Crimes.</bold> Where counts charging crimes of the same class arising out of different transactions, which are properly joined in a single information pursuant to RCW <cross_reference>10.37.060</cross_reference>, cannot be tried without involving evidence of crimes of other classes allegedly committed in the same transactions, the other crimes are also properly joinable in the information. <bold>[4] Searches and Seizures — In-jail Search — "Shakedown."</bold> The taking of certain notes and papers from the defendant during a "shakedown" of prisoners did not warrant reversal of his eventual conviction, where no use was made of any of the papers at trial and, in addition, the prosecutor ordered the papers belonging to the defendant to be returned to him on finding of their existence, and those papers not belonging to the defendant were made available to both parties. <bold>[5] Criminal Law — Evidence — Failure to Challenge Admissibility</bold> <bold>— Effect.</bold> The error, if any, in the admission of evidence is waived when no motion is made for suppression and no objection is raised to its admission. [3] See 41 Am.Jur.2d, Indictments and Informations §§ 223, 224.
- 77 Wash. 2d 240Anderson v. Olson (1969)
- 77 Wash. 2d 246State v. Scott (1969)
- 77 Wash. 2d 247Alaska Land Co. v. King County (1969)
- 77 Wash. 2d 255Ancheta v. Daly (1969)
- 77 Wash. 2d 267State v. Smith (1969)
- 77 Wash. 2d 271Leonard v. Washington Employers, Inc. (1969)
- 77 Wash. 2d 285Irwin v. Estes (1969)
- 77 Wash. 2d 306Wilbour v. Gallagher (1969)
- 77 Wash. 2d 322Coy v. Raabe (1969)
- 77 Wash. 2d 329Poston v. Mathers (1969)
- 77 Wash. 2d 345State v. Scherer (1969)
- 77 Wash. 2d 355Hamilton v. Department of Labor & Industries (1969)
- 77 Wash. 2d 366State ex rel. Pitkanen v. Zittel (1969)
- 77 Wash. 2d 369Lano v. Osberg Construction Co. (1969)
- 77 Wash. 2d 376Ault v. Washington State Highway Commission (1969)
- 77 Wash. 2d 381Jones v. Minc (1969)
- 77 Wash. 2d 391Anderson v. Ivarsson (1969)
- 77 Wash. 2d 396Moss v. Vadman (1969)
- 77 Wash. 2d 412Bartelson v. Puyallup School District (1969)
- 77 Wash. 2d 415State v. Nicholson (1969)
- 77 Wash. 2d 423State v. Johnson (1969)
- 77 Wash. 2d 441McGugart v. Brumback (1969)
- 77 Wash. 2d 459Noah v. Montford (1969)
- 77 Wash. 2d 463State v. Ponten (1969)
- 77 Wash. 2d 479Black Ball Freight Service v. Washington Utilities & Transportation Commission (1969)
- 77 Wash. 2d 487PAC. NW CONF. OF FREE METHODIST CHURCH OF NORTH AMERICA v. Barlow (1969)
- 77 Wash. 2d 487Pacific Northwest Conference of the Free Methodist Church of North America v. Barlow (1969)
- 77 Wash. 2d 499City of Kent v. Padua (1969)
- 77 Wash. 2d 503State v. Parnell (1969)
- 77 Wash. 2d 514Rena-Ware Distributors, Inc. v. State (1970)
- 77 Wash. 2d 520State v. Emmett (1970)
- 77 Wash. 2d 526State v. Prater (1970)
- 77 Wash. 2d 535State v. Ensminger (1970)
- 77 Wash. 2d 542State Ex Rel. Bain v. CLALLAM CTY. BD. (1970)
- 77 Wash. 2d 542State ex rel. Bain v. Clallam County Board of County Commissioners (1970)
- 77 Wash. 2d 551State v. Kingman (1970)
- 77 Wash. 2d 553State v. Erho (1970)
- 77 Wash. 2d 563Bjorvatn v. Pacific Mechanical Construction, Inc. (1970)
- 77 Wash. 2d 569Pringle v. State (1970)
- 77 Wash. 2d 581Tsapralis v. PUB. EMP. MUT. CAS. CO. (1970)
- 77 Wash. 2d 581Tsapralis v. Public Employees Mutual Casualty Co. (1970)
- 77 Wash. 2d 587State Ex Rel. Kadow v. BD. OF ADJUS. OF CITY OF VANCOUVER (1970)
- 77 Wash. 2d 587State ex rel. Kadow v. Board of Adjustment (1970)
- 77 Wash. 2d 593State v. Miles (1970)
- 77 Wash. 2d 604Yellam v. Woerner (1970)
- 77 Wash. 2d 609Edmonds School District No. 15 v. City of Mountlake Terrace (1970)
- 77 Wash. 2d 616Maynard Inv. Co., Inc. v. McCann (1970)
- 77 Wash. 2d 630State v. Coffey (1970)
- 77 Wash. 2d 649In Re Stranger Creek (1970)
- 77 Wash. 2d 649Walker v. Alby (1970)
- 77 Wash. 2d 658Walker v. Biles-Coleman Lumber Co. (1970)
- 77 Wash. 2d 660Honore v. Washington State Board of Prison Terms & Paroles (1970)
- 77 Wash. 2d 697Honore v. STATE BD. OF PRISON TERMS (1970)
- 77 Wash. 2d 697Honore v. Washington State Board of Prison Terms & Paroles (1970)
- 77 Wash. 2d 702Brumley v. Charles R. Denney Juvenile Center of Snohomish County (1970)
- 77 Wash. 2d 711Keierleber v. Botting (1970)
- 77 Wash. 2d 720State Farm Mutual Automobile Insurance v. Bafus (1970)
- 77 Wash. 2d 726State v. Tyler (1970)
- 77 Wash. 2d 763Aloha Lumber Corp. v. Department of Labor & Industries (1970)
- 77 Wash. 2d 777In re the Disciplinary Proceeding against Hawkins (1970)
- 77 Wash. 2d 785Dickson v. United States Fidelity & Guaranty Co. (1970)
- 77 Wash. 2d 795Pinkney v. Ayers (1970)
- 77 Wash. 2d 797City of Seattle v. Ross (1970)
- 77 Wash. 2d 799LaPeire v. Tarte (1970)
- 77 Wash. 2d 800Wells v. City of Vancouver (1970)
- 77 Wash. 2d 812Kitsap-Mason Dairymen's Ass'n v. Washington State Tax Commission (1970)
- 77 Wash. 2d 819Pate v. Tyee Motor Inn, Inc. (1970)
- 77 Wash. 2d 823State v. Eastland (1970)
- 77 Wash. 2d 826Baker v. O'Leary (1970)
- 77 Wash. 2d 828Miles v. St. Regis Paper Co. (1970)
- 77 Wash. 2d 838State v. Haislip (1970)
- 77 Wash. 2d 850Waite v. Aetna Casualty & Surety Co. (1970)
- 77 Wash. 2d 860State v. Lane (1970)
- 77 Wash. 2d 865In Re Estate of Scardigli (1970)
- 77 Wash. 2d 870Canteen Service, Inc. v. City of Seattle (1970)
- 77 Wash. 2d 874State v. Ellison (1970)
- 77 Wash. 2d 879Ware v. Phillips (1970)
- 77 Wash. 2d 888Scott v. Department of Labor & Industries (1970)
- 77 Wash. 2d 895Crowe v. Prinzing (1970)
- 77 Wash. 2d 899PAC. NAT'L BANK OF SEATTLE v. Kramer (1970)
- 77 Wash. 2d 906State v. Gwaltney (1970)
- 77 Wash. 2d 911Jacoby v. Grays Harbor Chair & Mfg. Co. (1970)
- 77 Wash. 2d 923Washington Telephone Co. v. State (1970)
- 77 Wash. 2d 930Davis v. County of King (1970)
- 77 Wash. 2d 934Egan v. Morris (1970)
- 77 Wash. 2d 938State v. Bauman (1970)
- 77 Wash. 2d 943Kurbitz v. Kurbitz (1970)
- 77 Wash. 2d 948Evar, Inc. v. Kurbitz (1970)
- 77 Wash. 2d 951State Ex Rel. Beam v. CIVIL SERVICE COMM'N OF CITY OF SPOKANE (1970)
- 77 Wash. 2d 951State ex rel. Beam v. Civil Service Commission (1970)
- 77 Wash. 2d 955State v. Rowe (1970)