State v. Sutherland

This is an appeal from a first degree murder conviction. A discussion of the facts will be omitted because they are fully set out in the Court of Appeals opinion, State v. Sutherland, 24 Wn. App. 719, 604 P.2d 957 (1979), and because they are not relevant to the subject matter of this appeal.

Review was initially granted upon two issues; first, the reference to a polygraph test during the testimony of a witness and, second, the alleged failure of the prosecution to make available to the defense some purportedly relevant information. We find it necessary to order a new trial upon the first…