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STATE v. CLINTON

No. 3202-7-III.

25 Wn. App. 400 (1980)

606 P.2d 1240

THE STATE OF WASHINGTON, Respondent, v. TRACY MICHAEL CLINTON, Appellant.

The Court of Appeals of Washington, Division Three.

February 19, 1980.

Attorney(s) appearing for the Case

Robert E. Anderson, for appellant.

Donald C. Brockett, Prosecuting Attorney, and Gregory G. Staeheli and Al Gauper, Deputies, for respondent.

MUNSON, J.

Tracy Michael Clinton appeals from a Spokane County conviction of second-degree assault.

The principal issue is whether the court erred in giving the following "transferred intent"1 instruction:

INSTRUCTION NO. 8 I instruct you that if you find that the defendant, with intent to assault a particular individual, struck at that individual with a pipe, and by mistake, accident or inadvertence the striking...

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