Washington v. Scherck

Defendant Barry L. Scherck was convicted at jury trial of violating RCW 9.69.080 by "tampering" with a witness. Uncontroverted evidence established that on August 7, 1969, a friend of Schercks was charged with robbery by a complaint filed in district court for the purpose of a preliminary hearing. The hearing was held on August 25, 1969. The victim of the robbery testified in behalf of the state. The judge made no ruling at the conclusion of the hearing. Scherck appeared at the home of the robbery victim on September 1 and again on September 2, 1969, and made statements, which the victim interpreted to be threats, to induce him to refuse to testify at the anticipated robbery trial.