STATE v. JAMES

No. 8356-6-II.

47 Wn. App. 605 (1987)

736 P.2d 700

THE STATE OF WASHINGTON, Respondent, v. HARVEY J. JAMES, JR., Appellant.

The Court of Appeals of Washington, Division Two.

May 7, 1987.


Attorney(s) appearing for the Case

Lane J. Wolfley, for appellant (appointed counsel for appeal).

David H. Bruneau, Prosecuting Attorney, and James R. Hickman, Deputy, for respondent.


PETRICH, J.

The defendant, Harvey James, Jr., appeals his convictions by jury verdicts of unlawful possession of a firearm, multiple counts of assault in the first degree while armed with a deadly weapon, and kidnapping in the first degree while armed with a deadly weapon. The dispositive issue on appeal is whether trial courts are required to give a separate jury instruction expressly stating that the State must disprove beyond a reasonable doubt diminished capacity...

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