STATE v. PENNEWELL

No. 3551-2.

23 Wn. App. 777 (1979)

598 P.2d 748

THE STATE OF WASHINGTON, Respondent, v. DONNALL SAVAGE PENNEWELL, Appellant.

The Court of Appeals of Washington, Division Two.

July 23, 1979.


Attorney(s) appearing for the Case

Franklin D. Burgess, for appellant.

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


SOULE, J.

Defendant was charged with second-degree murder of his 27-month-old son. The jury was instructed on the lesser included offenses of first-degree manslaughter and second-degree manslaughter. He was convicted of first-degree manslaughter from which conviction he appeals. We affirm.

Three assignments of error are presented for our consideration.

1. There was insufficient evidence to sustain a conviction in that the State was unable to establish...

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