68 Wn.2d 974, THE STATE OF WASHINGTON, Respondent, v. JOHN T. P. HAUGHEY, Appellant

[No. 38336. Department Two.      Supreme Court      May 19, 1966.]

THE STATE OF WASHINGTON, Respondent, v. JOHN T. P. HAUGHEY,
                          Appellant.*

Appeal from a judgment of the Superior Court for Spokane County, No. 17954, Raymond F. Kelly, J., entered June 2, 1965. Affirmed.

Prosecution for murder and assault. Defendant appeals from a conviction and sentence.

Fredrickson, Maxey & Bell, Carl Maxey (Appointed counsel for appeal), and Otto M. Allison, Jr., for appellant.

George A. Kain and Donald C. Brockett, for respondent.

PER CURIAM. -

Except for the unimportant differences that this case was tried to the court rather than to a jury, and the mental illness here was of longer duration, it presents identical questions as were decided in State v. Johnson, 67 Wn.2d 671, 409 P.2d 655 (1966).

The judgment is affirmed, there being substantial evidence to support it. State v. Mercy, 55 Wn.2d 530, 532, 348 P.2d 978 (1960).

* Reported in 414 P.2d 49.
                          REPORTER'S NOTE

By order of the Supreme Court dated December 13, 1957, the reporter was directed not to publish any opinion of the Supreme Court in bound volumes of the Washington Reports while a petition for rehearing is pending, and until after the final determination if a rehearing is granted.

Pursuant to the above order, the opinion in the following case, which was published in Vol. 68, Washington Decisions, Second Series, has been withheld from publication in the current volume:

No. 38273 In re Dillenburg v. Maxwell.