State v. Whitney

The respondent was charged with the crime of intentionally taking an automobile without permission of the owner. After the jury had been sworn but before the prosecutor’s opening statement, the respondent’s counsel advised the trial court, in chambers, that he would object to the admission of fingerprint impressions taken from the respondent on the ground that such evidence was privileged under RCW 72.50.100.

The trial court signed an order rejecting the state’s offer of proof but granted a continuance, and the respondent consented to a dispersal of the jury for the purpose of allowing the…