Legal Opinion

State v. McKelvey

Court of Appeals of Washington

Decided May 16, 1989No. 10754-6-IIPublishedCited by 2 opinions

1Opinion of the CourtWorswick, J.

We reverse Sherm Wade McKelvey's bench trial conviction for criminal possession of a leased motor vehicle, RCW 9A.56.095, because of the State's failure to prove that the notice required as a prerequisite of prosecution was given in the manner specified by the statute.

RCW 9A.56.095(1)(b) provides:

After leasing machinery, equipment or a motor vehicle under an agreement in writing which provides for periodic rental or lease payments for a period greater than six months duration, fails to pay the lessor of said item the periodic payments when due for a period of ninety days, is thereafter served…

2Cases cited6 opinions

  1. Childers v. ChildersWashington Supreme Court · 1978
  2. State v. ShrinerWashington Supreme Court · 1984
  3. State v. AlcantaraWashington Supreme Court · 1976
  4. Russell v. HollandMassachusetts Supreme Judicial Court · 1941
  5. Ezydorski v. KrozkaAppellate Court of Illinois · 1961

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Davis v. Department of Labor & IndustriesCourt of Appeals of Washington · 1993
  2. Longview Fibre Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 1989

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