State v. Malone

Benjamin Malone appeals from judgment and sentence entered upon a jury verdict finding him guilty of second-degree rape, RCW 9.79.180, and a subsequent finding by the trial court that he is a habitual criminal as defined in RCW 9.92.090. We affirm.

Reversal of the rape conviction is first urged because the trial court removed the alleged victim's estranged husband from the courtroom during her testimony. The husband was advising defense counsel during the witness' testimony and the prosecutor's complaint that his presence inhibited testimony resulted in his removal. Malone argues that the…