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STATE v. WHITNEY

No. 53204-4.

108 Wn.2d 506 (1987)

739 P.2d 1150

THE STATE OF WASHINGTON, Respondent, v. ALFRED WILLIAM WHITNEY, Petitioner.

The Supreme Court of Washington, En Banc.

July 23, 1987.

Attorney(s) appearing for the Case

Scott J. Engelhard of Washington Appellate Defender Association, for petitioner.

Norm Maleng, Prosecuting Attorney, and Barbara B. Linde, Deputy, for respondent.

GOODLOE, J.

We address whether jury unanimity on one of the two alternative means charged is necessary in a first degree rape conviction. The Court of Appeals held jury unanimity is not necessary if each charged alternative is supported by substantial evidence. State v. Whitney, 44 Wn.App. 17, 720 P.2d 853 (1986). We affirm.

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