State v. Hayes

In the early morning hours of November 9, 1966, a burglar alarm at the Tacoma Police Department indicated that someone had entered a building located at South 17th and Tacoma Avenue. Within minutes the police arrived at the building, and found appellant hiding inside. Officers handcuffed appellant’s arms behind his back, and Officer McDonough escorted him toward a waiting paddy wagon.

McDonough testified that when they reached the sidewalk, appellant stopped and said, “Stand aside.” The officer felt something against his ribs and saw that it was a gun held by appellant. (The record reveals…