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STATE v. MABRY

No. 8373-0-III.

51 Wn. App. 24 (1988)

751 P.2d 882

THE STATE OF WASHINGTON, Respondent, v. HUGO MABRY, Appellant.

The Court of Appeals of Washington, Division Three.

April 5, 1988.

Attorney(s) appearing for the Case

John Knodell, for appellant (appointed counsel for appeal).

Paul A. Klasen, Prosecuting Attorney, for respondent.

THOMPSON, J.

Hugo Mabry was charged with robbery in the second degree. The victim testified Mr. Mabry used force in an attempt to take her wallet. Witnesses provided varying recollections of the incident. Some did not see or remember any use of force. The following instruction was given on the issue of reasonable doubt and the State's burden:

The defendant has entered a plea of not guilty. That plea puts in issue every element of the crime charged. The state...

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