State v. Olson

The state appeals from an order dismissing its charge against respondent Douglas Olson entered at the close of the state’s case.

The information, charging respondent and Herbert Paul Culbertson with the crime of second degree assault, alleges

“That the said defendants ... in the county of Spokane, State of Washington, on or about the 26th day of January, 1956, then and there being, did then and there willfully, unlawfully and feloniously assault another, to-wit: Robert A. Horning, with a knife, said knife then and there being a weapon likely to produce bodily harm.”

The record discloses that…