STATE v. CURTIS

No. 1707-2.

14 Wn. App. 735 (1976)

544 P.2d 768

THE STATE OF WASHINGTON, Respondent, v. ROBERT LEE CURTIS, Appellant.

The Court of Appeals of Washington, Division Two.

January 7, 1976.


Attorney(s) appearing for the Case

Michael D. Smith, for appellant (appointed counsel for appeal).

Donald Herron, Prosecuting Attorney, and Joseph D. Mladinov, Special Counsel, for respondent.


PEARSON, J.

Defendant, Robert Lee Curtis, appeals his jury conviction for two counts of assault in the second degree. His sole contention on appeal is that the starter pistol wielded by him is not a "weapon or other instrument ... likely to produce bodily harm," as required by the applicable statutory definition of the crime. We disagree and, accordingly, affirm the conviction.

Second-degree assault is defined in relevant part by RCW 9.11.020 (4) as follows...

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