State v. Pavelich

(dissenting) — I concur in all that is decisive in the opinion of the majority, save as to the conclusion reached on the instruction referred to therein as instruction No. 6 of the trial court. In my opinion, the instruction states the rule too broadly. I fear that it brings within the jointist act a class of persons whom this court has heretofore determined are not amenable to the provisions of the act. The instruction does not, as I read it, fall within the rule of the cases of State v. Pistona, 127 Wash. 171, 219 Pac. 859; and State v. Perrin, 127 Wash. 193, 220 Pac. 772, cited in the…