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STATE v. WEDNER

No. 6815-1.

24 Wn. App. 346 (1979)

601 P.2d 950

THE STATE OF WASHINGTON, Respondent, v. JOSEPH LEO WEDNER, Appellant.

The Court of Appeals of Washington, Division One.

September 24, 1979.

Attorney(s) appearing for the Case

Dennis M. Hindman, for appellant.

David S. McEachran, Prosecuting Attorney, and Charles J. Tull, Deputy, for respondent.

WILLIAMS, J.

Joseph Leo Wedner appeals his conviction of second-degree assault, raising as the sole issue the question of whether the general and special verdicts are irreconcilably inconsistent. We believe that they are and remand for a new trial.

One of the elements in the "to convict" instruction required to be proven beyond a reasonable doubt is the following:

That the defendant committed the act knowingly and with a weapon or other instrument...

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