State v. Kubicek

A jury found defendant guilty of burglary in the second degree, returning a special verdict that at the time of the crime he was armed with a deadly weapon. He appealed the judgment and sentence entered on the verdict to the Court of Appeals which reversed on the ground that the instruction on alibi constituted reversible error. 5 Wn. App. 293 (1971). We granted review (80 Wn.2d 1002 (1971)), partly on a divergence of views among the divisions of the Court of Appeals, and reverse the Court of Appeals. See State v. Adams, 5 Wn. App. 366, 487 P.2d 218 (1971), aff’d, 81 Wn.2d 468, 503 P.2d 111…