State v. Aiken

*354Donworth, J.

(dissenting)—I cannot agree with the majority opinion in these two cases because, after an exhaustive examination of the voluminous record and briefs, I am convinced that both defendants were denied rights guaranteed them by the fifth 'and sixth amendments to the United States Constitution as construed and applied by the United States Supreme Court in recent decisions.

Before stating my reasons for dissenting, I think it appropriate to quote the definition of a fair and impartial trial which this court has approved on several occasions. It is stated in State v. Lindsey, 27 Wn.2d…