Washington v. Mello

Defendant was convicted of assault in the second degree in the superior court. Upon appeal to the Court of Appeals, the conviction was reversed. The matter is before this court following a petition for review by the state, which petition for review was granted. The facts are well stated by the Court of Appeals in State v. Mello, 3 Wash. App. 555, 477 P.2d 42 (1970), as follows: