STATE v. BENNETT

No. 15098-7-I.

42 Wn. App. 125 (1985)

708 P.2d 1232

THE STATE OF WASHINGTON, Respondent, v. DENNIS JAY BENNETT, Appellant.

The Court of Appeals of Washington, Division One.

November 12, 1985.


Attorney(s) appearing for the Case

Wolfe & Cullen and James E. Lobsenz, for appellant (appointed counsel for appeal).

Seth R. Dawson, Prosecuting Attorney, and S. Aaron Fine, Deputy, for respondent.


RINGOLD, J.

A jury found Dennis Jay Bennett guilty of simple assault for striking a child who lived with him. He appeals the judgment and sentence on two grounds: (1) that the trial court erred by not instructing the jury that the State had the burden to prove the charged assault was not a justifiable use of force to discipline a child; and (2) that the trial judge improperly admitted evidence of prior uncharged spankings Bennett gave the child. We hold that the trial...

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