STATE v. HICKMAN

No. 65141-8.

954 P.2d 900 (1998)

135 Wash.2d 97

STATE of Washington, Respondent, v. James D. HICKMAN, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 30, 1998.


Attorney(s) appearing for the Case

Nielsen & Broman, Eric Nielsen, David Koch, Seattle, for Petitioner.

Jim Krider, Snohomish County Prosecutor, Constance Crawley, Deputy County Prosecutor, Everett, for Respondent.


SANDERS, Justice.

We review a Court of Appeals decision affirming petitioner's conviction for insurance fraud. The issue is whether venue of the crime becomes an element for the State to prove under the "law of the case" doctrine when it is given to the jury without objection in the "to convict" instruction, and if so, whether the State proved venue here.

We conclude elements in the "to convict" instruction not objected to become the "law of the case" which...

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