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STATE v. INGHAM

No. 3695-II.

26 Wn. App. 45 (1980)

612 P.2d 801

THE STATE OF WASHINGTON, Respondent, v. JOHN JAMES INGHAM, Defendant, DAVID ROYAL BROWN, Appellant.

The Court of Appeals of Washington, Division Two.

April 30, 1980.

Attorney(s) appearing for the Case

Charles W. Talbot, for appellant.

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

PEARSON, J.

Defendant David R. Brown appeals from his conviction of first-degree kidnapping (RCW 9A.40.020) and first-degree rape (RCW 9.79.170).1 Three issues are presented on appeal.

1. Was the kidnapping incidental to the rape, requiring a dismissal of the kidnapping charge?

2. Should the jury have been instructed so that it could factually determine that the kidnapping was incidental to the rape?

3. Was the...

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