Later courts went against this
Overruled on other grounds by State v. Robinson, 24 Wash. 2d 909 (1946)
23 Wn.2d 467, 470 , 161 P.2d 205 (1945), overruled on other grounds by State v. Robinson, 24 Wn.2d 909, 917 , 167 P.2d 986
The opinion
Beals, C. J.
(dissenting) — I agree with Judges Millard and Simpson that the judgment appealed from should be reversed with instructions to grant appellant a new trial.