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STATE v. PENN

No. 44730.

89 Wn.2d 63 (1977)

568 P.2d 797

THE STATE OF WASHINGTON, Respondent, v. ELMER RAY PENN, Appellant.

The Supreme Court of Washington, En Banc.

September 15, 1977.

Attorney(s) appearing for the Case

Jack Richey, for appellant.

Christopher T. Bayley, Prosecuting Attorney, and Charles S. Hamilton III, Deputy, for respondent.

DOLLIVER, J.

Appeal was made to the Court of Appeals, Division One, following a guilty verdict in a jury trial on a second-degree assault charge. We accepted certification to determine whether the trial court erred in giving or refusing to give certain instructions.

In September 1975, Elmer Ray Penn, 21 years of age, and three of his brothers went to Dahl Field in Seattle to watch a fourth brother play bantam football for the Wedgewood team against the Red...

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