State v. Bowen

(dissenting) — Although there is no particular objection to the withdrawal of the part of the opinion specified by the majority in the foregoing memorandum, as unnecessary to the result reached, it is obvious that the object is to harmonize the decision with the recent decision in State v. Hurlbert, 153 Wash. 60, 279 Pac. 123.

Prom that purpose, I must again dissent, for the reason stated by me and the further reasons given by Judge Fullerton in his dissent in the same case.

In the main, the opinion in this case in 150 Wash. 136, 272 Pac. 48, conforms to our statutes (Rem. Comp. Stat. §§ 7328…