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STATE v. PETERSON

No. 39551.

73 Wn.2d 303 (1968)

438 P.2d 183

THE STATE OF WASHINGTON, Respondent, v. LYNN MICHAEL PETERSON, Appellant.

The Supreme Court of Washington, Department Two.

March 7, 1968.

Attorney(s) appearing for the Case

Murray B. Guterson, for appellant.

Charles O. Carroll and David H. Beitz, for respondent.

HILL, J.

This is an appeal from a conviction of assault in the second degree.

The only issue in this case is whether instruction No. 71 should have been given.

Just enough of the factual content will be given to make clear the basis of appellant's argument.

Both the appellant and the man he shot (Roland Barry) were guests at a party. Between 4 and 4:30 a.m. (August 26, 1966), there was an altercation between Barry...

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