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STATE v. STEPHENS

No. 1226-1.

7 Wn. App. 569 (1972)

500 P.2d 1262

THE STATE OF WASHINGTON, Respondent, v. WALTER NEWTON STEPHENS, Appellant.

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

September 18, 1972.

Attorney(s) appearing for the Case

Michael W. Herb, for appellant (appointed counsel for appeal).

Robert E. Schillberg, Prosecuting Attorney, and Donald J. Hale, Deputy, for respondent.

CALLOW, J.

The defendant was convicted in April 1971 of two counts of robbery and adjudicated an habitual criminal in August 1971. He appeals from both robbery trial determinations.

The defendant contends the trial court denied him an opportunity to present evidence of intoxication during the robbery trial.

[1] Intoxication as a defense is delineated in RCW 9.01.114, thusly:

No act committed by a person while in a state of voluntary...

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