[No. 38282. Department Two. Supreme Court March 31, 1966.]
THE STATE OF WASHINGTON, Respondent, v. JOE WOOD,
Appellant.«*»
[1] Criminal Law - Appeal and Error - Omission of Findings and Conclusions - Correction of Record. While the omission of findings of fact and conclusions of law from the record on appeal, in a criminal case tried without a jury, may be corrected by submitting such matters any time while the appeal is pending, the failure to do so will require the cause to be remanded for their entry by the trial court, and for the entry of a proper judgment and sentence.
Appeal from a judgment of the Superior Court for King County, No. 40478, Eugene A. Wright, J., entered April 30, 1965. Remanded.
Prosecution for furnishing liquor to, and contributing to the delinquency of, a minor. Defendant appeals from a conviction.
Parker & Borawick, by Wayne R. Parker, for appellant.
Charles O. Carroll and Ned Olwell, for respondent.
PER CURIAM. -
Sitting without a jury, the trial court found the defendant guilty of furnishing liquor to a minor and of contributing to the delinquency of a minor. Defendant appeals.
[1] There are neither findings of fact nor conclusions of law in the record as required by Rule of Pleading, Practice and Procedure 52.04W, RCW vol. 0. It is the duty of the attorneys to see that a proper judgment and sentence is entered. The findings of fact and conclusions of law may
«*» Reported in 412 P.2d 779:
be submitted any time while the appeal is pending. See Rule of Pleading, Practice and Procedure 60, RCW vol. 0. This was not done. We are required to remand the case for the entry of findings of fact and conclusions of law. State v. Helsel, 61 Wn.2d 81, 377 P.2d 408 (1962); and Seattle v. Silverman, 35 Wn.2d 574, 214 P.2d 180 (1950).
Judgment is vacated and the case is remanded for entry of findings of fact and conclusions of law with proper judgment and sentence.