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STATE v. ANDERSON

No. 1425-1.

8 Wn. App. 782 (1973)

509 P.2d 80

THE STATE OF WASHINGTON, Respondent, v. DON RAYMOND ANDERSON, JR., Appellant.

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

April 16, 1973.

Attorney(s) appearing for the Case

Halverson, Strong & Moen, Lowell K. Halverson, and Wesley G. Hohlbein, for appellant (appointed counsel for appeal).

Christopher T. Bayley, Prosecuting Attorney, Patricia G. Harber and Douglas S. Dunham, Deputies, for respondent.

JAMES, J.

By jury trial Don Raymond Anderson was convicted of first-degree murder. He pleaded insanity pursuant to RCW 10.76.010.

[1] On appeal Anderson first contends that, in defining criminal insanity for the jury, the trial judge should have instructed in terms of the so-called "Durham" as opposed to the "M'Naghten" rule. He further asserts that, in any event, the instruction given "erroneously articulated and applied the

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