Austin v. Seattle , 176 Wash. 654 ( 1934 )

I am unable to see any sound distinction between this case and the case of State v. McFarland, 60 Wn. 98, 110 P. 792. In my opinion, that case is out of harmony with the general rule, and since it stands alone, should be overruled.

In all other respects, I concur with the majority.