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STATE v. ALLERY
101 Wn.2d 591 (1984)
The Supreme Court of Washington, En Banc.
May 17, 1984.
IIThe trial court gave only one instruction on self-defense: Homicide is justifiable when committed in the lawful defense of the slayer when the slayer, even though mistaken, has reasonable ground to believe that the person slain intends to inflict death or great bodily harm and there appears to the slayer to be imminent danger of such harm being accomplished. The slayer may employ such force and means as a reasonably prudent person would use under the same or similar conditions as they appeared to the slayer at the time. It is a complete defense to a charge of homicide that it was justifiable. If, after considering all of the evidence in the case, you have a reasonable doubt as to whether the killing was done in self defense, you must return a verdict of not guilty.
Report of Proceedings, at 765-66.
1. Defendant proposed the following additional instructions on self-defense:
Instruction 9: "In judging Sherrie Allery's action you should attempt to place yourself in her position at the time of the incident. You should therefore consider her past and present knowledge, her beliefs, the relative size and strength of the participants, Wayne Allery's words and actions prior to the shooting, the history of their marital relationship, and all other factors bearing on the reasonableness of her actions and her apprehensions at the time as they appeared to her." Instruction 17: "In judging Sherrie Allery's actions, you should attempt to place yourself, as a reasonable person, in her position at the time of the incident. You should therefore consider all the facts and circumstances known to her, including those known substantially before the incident." 2. Defendant's proposed instruction 6 stated:
"It is lawful for a woman who is in a place where she has a right to be who has reasonable grounds for believing she is being attacked to stand her ground and defend herself from such an attack. She need not attempt to retreat." 3. ER 404(b) provides:
"Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident."
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