STATE v. BRIGHAM

No. 19911-1-I.

52 Wn. App. 208 (1988)

758 P.2d 559

THE STATE OF WASHINGTON, Respondent, v. LEON BRIGHAM, Appellant.

The Court of Appeals of Washington, Division One.

August 15, 1988.


Attorney(s) appearing for the Case

Scott J. Engelhard and Preston, Thorgrimson, Ellis & Holman, for appellant.

Norm Maleng, Prosecuting Attorney, and Ray McFarland, Deputy, for respondent.


WILLIAMS, J.

Leon Brigham and Roy Lee Bluford engaged in an escalating physical conflict, with Bluford the more aggressive of the two until Brigham pulled out a knife and stabbed him to death. Brigham was convicted by a jury of second degree murder. The "to convict" instruction listing the elements of the crime read in pertinent part:

To convict the defendant of the crime of murder in the second degree as charged...

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