Washington Supreme Court June 9, 1983, 49058-9 (State v. Smalls)

Pearson, J.

Defendants in consolidated cases appeal a Court of Appeals decision affirming their convictions of burglary (Simcox) and murder (Smalls).

The dispositive issue before us is whether a. presumption of prejudice to a defendant arises when the trial court, pursuant to CrR 6.7, allows the jury to separate after deliberations have begun. We hold that CrR 6.