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STATE v. FESSER

No. 2836-3.

23 Wn. App. 422 (1979)

595 P.2d 955

THE STATE OF WASHINGTON, Respondent, v. HAROLD FESSER, JR., Appellant.

The Court of Appeals of Washington, Division Three.

May 24, 1979.

Attorney(s) appearing for the Case

Critchlow, Williams, Ryals & Schuster and Edward B. Critchlow, for appellant.

C.J. Rabideau, Prosecuting Attorney, and Laurence S. Moore and J. Scott Timmons, Deputies, for respondent.

GREEN, C.J.

Defendant appeals from a conviction for second-degree assault. Special findings were entered that he was armed with a firearm at the time of the commission of the crime.

[1] The sole question presented is whether the court erred in giving the following instructions on self-defense:

Instruction No. 10 It is a defense to a charge of Assault that the force used was lawful...

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