State v. Emerson

(dissenting) — I am not in accord with the majority opinion either with respect to the procedural matters referred to or the conclusion that any act of appellant violated subdivision 2 of RCW 9.54.010. It is my view the evidence submitted by respondent not only failed to prove the existence of any fact creating a question for the jury to determine, but affirmatively established that, as a matter of law, the statute was not violated.

With reference to procedural questions, respondent contended in its brief and upon oral argument that appellant did not lay the necessary foundation either at the…