State v. Kubicek

81 Wn.2d 497 (1972)

502 P.2d 1190

THE STATE OF WASHINGTON, Petitioner,

v.

THEODORE KUBICEK, Respondent.

No. 42220.

The Supreme Court of Washington, En Banc.

November 15, 1972.

HALE, J.

A jury found defendant guilty of burglary in the second degree, returning a special verdict that at the time of the crime he was armed with a deadly weapon. He appealed the judgment and sentence entered on the verdict to the Court of Appeals which reversed on the ground that the instruction on alibi constituted reversible error. 5 Wn. App. 293 (1971). We granted review (80 Wn.2d 1002 (1971)), partly on a divergence of…