State v. Smith

2 Wn. App. 769 (1970)

470 P.2d 214

THE STATE OF WASHINGTON, Respondent,

v.

EAMOND SMITH, Appellant.

No. 220-40543-1.

The Court of Appeals of Washington, Division One, Panel 2.

May 25, 1970.

William J. Gaffney, for appellant (appointed counsel for appeal).

Charles O. Carroll, Prosecuting Attorney, and Patricia Harber, Assistant, for respondent.

WILLIAMS, J.

Appellant was charged, tried by jury, and convicted of second-degree murder.

On April 4, 1968, in a tavern in Seattle, the decedent and appellant quarreled. At the time he was shot by appellant, the decedent had his hands in his trouser pockets. There…