State v. McDonald

This is an appeal by Peter George McDonald from a conviction of a gross misdemeanor under RCW 9.19.050—Making or Having Burglar Tools. His codefendant, Eugene Edward Woods, was also convicted but did not appeal. This was a nonjury case.

The nature of the questions raised on this appeal requires a detailed consideration of the circumstances surrounding the arrest. At approximately 4:50 a.m., December 17, 1966, a Seattle police officer, on solo car patrol, observed a vehicle double parked with its lights on, facing westbound on North 45th. The officer was proceeding east on the same street. As…