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STATE v. ROBERTS

No. 44361.

88 Wn.2d 337 (1977)

562 P.2d 1259

THE STATE OF WASHINGTON, Respondent, v. STEVEN W. ROBERTS, Appellant.

The Supreme Court of Washington, En Banc.

February 24, 1977.

Attorney(s) appearing for the Case

Richard L. Cease, Public Defender, and Francis J. Conklin, Special Public Defender, for appellant.

Donald C. Brockett, Prosecuting Attorney, and LeRoy C. Kinnie, Deputy, for respondent.

John A. Strait on behalf of University of Puget Sound School of Law, amicus curiae.

UTTER, J.

Defendant Roberts appeals from a judgment and sentence entered upon a jury verdict finding him guilty of second-degree murder. Appellant contends that the instruction given by the trial court concerning the presumption of second-degree murder is repugnant to the due process clause of the fourteenth amendment to the United States Constitution. We agree, reverse the conviction, and remand for new trial.

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