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STATE v. BERGE

No. 7152-1-I.

25 Wn. App. 433 (1980)

607 P.2d 1247

THE STATE OF WASHINGTON, Respondent, v. BYRON JAMES BERGE, Appellant.

The Court of Appeals of Washington, Division One.

February 25, 1980.

Attorney(s) appearing for the Case

Jacob Cohen, for appellant (appointed counsel for appeal).

David F. Thiele, Prosecuting Attorney, for respondent.

DORE, J.

Byron James Berge appeals his conviction of first-degree murder.

ISSUES

1. Did the evidence support a conviction for first-degree murder as charged under RCW 9A.32.030(1)(b)?

2. Did the trial court err in refusing to give the jury a first-degree manslaughter instruction?

FACTS

In the early morning of August 25, 1978, Byron James Berge shot and killed George Kupper as he slept in Berge's living room. Berge testified...

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