STATE v. UPTON

No. 1726-2.

16 Wn. App. 195 (1976)

556 P.2d 239

THE STATE OF WASHINGTON, Respondent, v. DONALD LEVI UPTON, Appellant.

The Court of Appeals of Washington, Division Two.

September 7, 1976.


Attorney(s) appearing for the Case

Edward G. Holm, for appellant (appointed counsel for appeal).

Patrick D. Sutherland, Prosecuting Attorney, and Henry McCleary, Deputy, for respondent.


PEARSON, J.

The defendant, Donald Upton, appeals from a conviction of second-degree assault with a special finding that he was armed with a deadly weapon. Five issues are presented on appeal: (1) whether a mistrial should have been declared after defendant was cross-examined about his failure to tell law enforcement officers he had acted in self-defense; (2) whether psychiatric opinion testimony was properly excluded; (3) whether defendant's testimony as to third...

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