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STATE v. GILBERT

No. 167-1.

3 Wn. App. 491 (1970)

475 P.2d 797

THE STATE OF WASHINGTON, Respondent, v. ROSS MARTIN GILBERT, Appellant.

The Court of Appeals of Washington, Division One — Panel 1.

October 26, 1970.

Attorney(s) appearing for the Case

Miller, Howell & Watson and John M. Watson, for appellant (appointed counsel for appeal).

Charles O. Carroll, Prosecuting Attorney, and George T. Mattson, Deputy, for respondent.

SWANSON, J.

Ross Martin Gilbert was charged with shooting one Edward Butler while committing a felony, second-degree assault. The jury found him guilty of second-degree murder and also made a finding that he was armed with a deadly weapon at the time the offense was committed. Gilbert appeals and makes two assignments of error.

Appellant's first assignment of error is directed to instruction 10 which states:

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