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STATE v. JOHNSON

Nos. 49128-3, 49138-1, 49144-5, 49145-3.

100 Wn.2d 607 (1983)

674 P.2d 145

THE STATE OF WASHINGTON, Respondent, v. MARK ANTHONY JOHNSON, Petitioner. THE STATE OF WASHINGTON, Respondent, v. DANIEL JOSEPH MACREADY, Petitioner. THE STATE OF WASHINGTON, Respondent, v. HILTON CHELLY, Defendant, PHILLIP LEE STEWART, Petitioner. THE STATE OF WASHINGTON, Respondent, v. COLIN JOHN KILPATRICK, Petitioner.

The Supreme Court of Washington, En Banc.

December 15, 1983.

Attorney(s) appearing for the Case

Stephanie Searing and Timothy McGarry of Eastside Defender Association, for petitioner Johnson.

Michael Filipovic of Seattle-King County Public Defender Association, for petitioners MacReady, et al.

Norm Maleng, Prosecuting Attorney, and Deborah J. Phillips, Deputy, for respondent.

UTTER, J.

These four consolidated cases present two main issues, both regarding the burglary statute. The first is the constitutionality of an instruction given in the language of RCW 9A.52.040, which allows the trier of fact to presume (or infer) intent to commit a crime from unlawful entry.1 The second issue is whether the State in a burglary prosecution must charge and prove the crime or crimes...

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