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STATE v. WILLIAMS

No. 3114-2.

22 Wn. App. 197 (1978)

588 P.2d 1201

THE STATE OF WASHINGTON, Respondent, v. VOLDA WILLIAMS, Appellant.

The Court of Appeals of Washington, Division Two.

December 14, 1978.

Attorney(s) appearing for the Case

Richard E. Muri, for appellant.

Don Herron, Prosecuting Attorney, and Joseph D. Mladinov, Senior Deputy, for respondent.

SOULE, J.

Defendant was convicted of taking a motor vehicle without permission of the owner under the "joyriding" statute. RCW 9A.56.070. Her appeal presents the issue of whether or not she is entitled to the benefit of an instruction based upon RCW 9A.56.020(2), which states:

In any prosecution for theft, it shall be a sufficient defense that the property or service was appropriated openly and avowedly under...

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