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STATE v. ADAMS

No. 797-1.

5 Wn. App. 366 (1971)

487 P.2d 218

THE STATE OF WASHINGTON, Respondent, v. LARRY EUGENE ADAMS, Appellant.

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

July 12, 1971.

Attorney(s) appearing for the Case

Maslan & Hanan and Robert G. Maslan, for appellant (appointed counsel for appeal).

Christopher T. Bayley, Prosecuting Attorney, and John R. Cuningham, Deputy, for respondent.

WILLIAMS, J.

Appellant stands convicted of the crime of assault in the second degree. His sole assignment of error is that the following alibi instruction shifts the burden of proving his innocence to him in violation of the United States and State of Washington Constitutions:

A defense interposed by the defendant in this case is an alibi; that is, that the defendant was at another place at the identical time the crime was committed, if committed at all....

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