STATE v. STEWART

No. 11561-8-I.

35 Wn. App. 552 (1983)

667 P.2d 1139

THE STATE OF WASHINGTON, Respondent, v. JOHN WESLEY STEWART, Appellant.

The Court of Appeals of Washington, Division One.

August 15, 1983.


Attorney(s) appearing for the Case

Nancy Talner of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and David Chappel, Deputy, for respondent.


CORBETT, J.

Defendant, John Wesley Stewart, appeals his judgment and sentence entered on a jury verdict finding him guilty of attempted first degree rape while armed with a deadly weapon. He raises several assignments of error. Finding prejudicial error in the court's failure to instruct the jury as to each element of the offense, we reverse and remand for a new trial.

Early in the evening of September 18, 1981, the defendant had several drinks at the apartment...

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