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State v. Brown

The Court of Appeals of Washington, Division One. — Panel 1
Oct 13, 1970
475 P.2d 318 (Wash. Ct. App. 1970)

Opinion

No. 322-1.

October 13, 1970.

Appeal from a judgment of the Superior Court for King County, No. 51703, David W. Soukup, J., entered December 5, 1969.

Ralph A. Alfieri, for appellant (appointed counsel for appeal).

Charles O. Carroll, Prosecuting Attorney, and Darrell E. Lee, Deputy, for respondent.


Affirmed.

Prosecution for larceny. Defendant appeals from a conviction and sentence.


A King County jury found Alton Evans Brown guilty of grand larceny. He appeals and challenges the sufficiency of the evidence to uphold the verdict. His challenge primarily focuses upon the testimony identifying him as the person who committed the crime. The defendant's sole argument is that the identification testimony contained inconsistencies and was inadequate to support the verdict. This question of the adequacy of identification testimony was fully considered in State v. Woody, 73 Wn.2d 179, 437 P.2d 167 (1968), and is determinative of the issue here. We have carefully examined the record and find ample evidence to support the jury's verdict.

Neither a motion for new trial nor for arrest of judgment was presented to the trial court. Different counsel represents the defendant on appeal.

Secondly, defendant claims that this was a circumstantial evidence case requiring the state to connect the accused with the crime by evidence excluding every reasonable hypothesis other than that of guilt. Even though disputed, direct testimony was presented identifying the defendant as the person who committed the crime. There is no merit in defendant's contention.

Judgment affirmed.


Summaries of

State v. Brown

The Court of Appeals of Washington, Division One. — Panel 1
Oct 13, 1970
475 P.2d 318 (Wash. Ct. App. 1970)
Case details for

State v. Brown

Case Details

Full title:THE STATE OF WASHINGTON, Respondent, v. ALTON EVANS BROWN, Appellant

Court:The Court of Appeals of Washington, Division One. — Panel 1

Date published: Oct 13, 1970

Citations

475 P.2d 318 (Wash. Ct. App. 1970)
475 P.2d 318
3 Wash. App. 381