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STATE v. ESTERS

No. 18536-9-II.

927 P.2d 1140 (1996)

84 Wash.App. 180

The STATE of Washington, Respondent, v. Osei Myron ESTERS, a/k/a Myron Esters, Appellant.

Court of Appeals of Washington, Division 2.

As Amended January 31, 1997.

Attorney(s) appearing for the Case

David Harold Bruneau, Clallam County Prosecuting Atty., Port Angeles, for Respondent.

Judith Michele Mandel, Ronald D. Ness & Assoc., Port Orchard, for Appellant.

ARMSTRONG, Judge.

A jury convicted Osei Myron Esters of second degree murder of his 10-week-old daughter by means of second degree assault. The jury instruction defining assault did not require the jury to find that Esters assaulted his daughter with intent to harm her. On appeal, Esters contends (1) the jury instruction defining assault was flawed because it omitted the element of specific intent to harm, and (2) the trial court should have declared a mistrial following...

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