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STATE v. BERNARDY

Nos. 6526-2-I; 7863-1-I.

25 Wn. App. 146 (1980)

605 P.2d 791

THE STATE OF WASHINGTON, Respondent, v. KENNETH ALVEN BERNARDY, Appellant.

The Court of Appeals of Washington, Division One.

January 7, 1980.

Attorney(s) appearing for the Case

Richard C. Platte and Rusing & Platte, for appellant.

David S. McEachran, Prosecuting Attorney, and James M. Doran, Deputy, for respondent.

ANDERSEN, J..

FACTS OF CASE

Kenneth Bernardy (defendant) appeals from a jury conviction of second-degree assault and judgment and sentence entered thereon.

On September 4, 1977, Steven Wilson became involved in a fight with Larry Curtis Harrison, a friend of the defendant. Testimony introduced at trial indicated that Wilson started the altercation and then was knocked to the ground by Harrison. While lying on the ground, Wilson was kicked in the...

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