State v. Johnson

Full title: THE STATE OF WASHINGTON, Respondent, v. LEE ERNEST JOHNSON, Appellant

Court: The Court of Appeals of Washington, Division Two

Date published: May 18, 1970

2 Wn. App. 743 (Wash. Ct. App. 1970)

2 Wash. App. 743

472 P.2d 411

Opinion

No. 145-40735-2.

May 18, 1970.

[1] Appeal and Error — Review — Credibility of Witnesses. It is not the function of an appellate court to reevaluate the credibility and weight to be attached to the testimony of witnesses. [See 5 Am.Jur.2d, Appeal and Error § 883.]

Appeal from a judgment of the Superior Court for King County, No. 48807, Robert F. Utter, J., entered November 22, 1968.

Lockett Johnson and William F. Lockett, for appellant. Charles O. Carroll, Prosecuting Attorney, and Philip Y. Killien, Deputy, for respondent.

Affirmed.

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

[1] PER CURIAM

Defendant appeals from the conviction of grand larceny. His sole assignment of error challenges the credibility of the complaining witness. It is not our function to reevaluate the credibility of witnesses. The credibility and weight to be attached to the testimony of witnesses is for the trier of fact and not an appellate court. State v. Hoffman, 64 Wn.2d 445, 392 P.2d 237 (1964); State v. Bunch, 2 Wn. App. 189, 467 P.2d 212 (1970).

Judgment affirmed.