State v. Bishop

Appellant was convicted of the crime of burglary in the second degree.

On appeal to this court, he makes two assignments of error: (1) that the court erred when it permitted Manley Olson to testify; and (2) that the court erred when it refused to grant a new trial, because of alleged misconduct of the prosecuting attorney.

When Manley Olson was first called as a witness, the court granted the request of appellant’s counsel that the jury retire. Manley Olson and his mother were examined and cross-examined in the absence of the jury to determine his competency to testify.

RCW 5.60.050 provides, in…