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STATE v. ROGERS

No. 42758.

83 Wn.2d 553 (1974)

520 P.2d 159

THE STATE OF WASHINGTON, Respondent, v. CHARLES BYRON ROGERS, Petitioner.

The Supreme Court of Washington, En Banc.

March 21, 1974.

UTTER, J.

Defendant Rogers petitioned this court to review the proceedings in the Court of Appeals which, in an unpublished opinion, affirmed a judgment of guilty of murder in the second degree. The issue presented is whether a general intent to commit murder may be presumed from the proven fact that Rogers was armed with and used an unlicensed handgun to mortally and unlawfully kill another. We hold such a presumption unconstitutional...

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