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STATE v. ROBINSON

No. 6101-9-III.

38 Wn. App. 871 (1984)

691 P.2d 213

THE STATE OF WASHINGTON, Respondent, v. JOHN ALLEN ROBINSON, Appellant.

The Court of Appeals of Washington, Division Three.

November 15, 1984.

Attorney(s) appearing for the Case

Bradley B. Jones and Rigby & Jones, for appellant (appointed counsel for appeal).

Norm Maleng, Prosecuting Attorney, and William L. Downing, Deputy, for respondent.

THOMPSON, J.

John Allen Robinson appeals his jury convictions of second degree assault and first degree murder, both committed while armed with a deadly weapon, a firearm. The primary issue concerns the Superior Court's failure to specifically instruct the jury the State had the burden of proving absence of self-defense beyond a reasonable doubt. In light of the recent holding in State v. Acosta, 101 Wn.2d 612,

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