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STATE v. THOMAS

No. 15976-3-I.

46 Wn. App. 280 (1986)

730 P.2d 117

THE STATE OF WASHINGTON, Respondent, v. DOUGLAS ROOSEVELT THOMAS, Appellant.

The Court of Appeals of Washington, Division One.

December 22, 1986.

Attorney(s) appearing for the Case

Neil M. Fox of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Katherine M. Flack, Deputy, for respondent.

WEBSTER, J.

Douglas Roosevelt Thomas appeals from his conviction of statutory rape in the third degree, RCW 9A.44.090. He raises two issues: (1) whether the trial court erred in admitting statements made by the victim under the excited utterance exception to the hearsay rule, ER 803(a)(2), and (2) whether the trial court erred in refusing to give an instruction on the role of character evidence in determining guilt or innocence. We find no error and therefore

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