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STATE v. GONZALES

No. 5217-1.

18 Wn. App. 701 (1977)

571 P.2d 950

THE STATE OF WASHINGTON, Respondent, v. JOSE MANUEL GONZALES, Appellant.

The Court of Appeals of Washington, Division One.

November 14, 1977.

Attorney(s) appearing for the Case

Kirk L. Griffin, for appellant (appointed counsel for appeal).

Christopher T. Bayley, Prosecuting Attorney, and H. Duane Evans, Deputy, for respondent.

JAMES, J.

At jury trial, defendant Jose Manuel Gonzales was found guilty of rape in the second degree as defined by RCW 9.79.180. His principal claim of error on appeal is that his challenge to the sufficiency of the evidence should have been sustained by the trial court. He asks that we dismiss the case upon the same ground.

The instructions given by the trial judge required that the State prove beyond a reasonable doubt that Gonzales

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