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STATE v. BURNHAM

No. 2759-2.

19 Wn. App. 442 (1978)

576 P.2d 917

THE STATE OF WASHINGTON, Respondent, v. HARVEY A. BURNHAM, Appellant.

The Court of Appeals of Washington, Division Two.

March 13, 1978.

Attorney(s) appearing for the Case

Jerry M. Makus, for appellant.

Curtis M. Janhunen, Prosecuting Attorney, for respondent.

REED, J.

Defendant Harvey A. Burnham (also known as Raymond D. Rickman), appeals from a conviction of second-degree theft. RCW 9A.56.020(1)(a) and RCW 9A.56.040.1 He assigns as error the giving of instruction No. 9, which relates to the intent required to support a theft conviction. We hold that, although the instruction is an incorrect statement of the law, defendant was not prejudiced by the error.

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