STATE v. ELMORE

No. 21115-3-I.

54 Wn. App. 54 (1989)

771 P.2d 1192

THE STATE OF WASHINGTON, Respondent, v. DERRICK ELMORE, Appellant.

The Court of Appeals of Washington, Division One.

May 8, 1989.


Attorney(s) appearing for the Case

Dennis Benjamin and Jesse W. Barton of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Cynthia Gannett and Patricia Shelledy, Deputies, for respondent.


PEKELIS, J.

Derrick Elmore a/k/a David L. Deuce, appeals his conviction for third degree rape. He argues that the trial court erred when it failed to instruct the jury that intent and knowledge were elements of third degree rape.

Elmore befriended "B", a mentally retarded man in his early twenties, on a downtown Seattle bus on June 9, 1987. The two got off the bus and went to a park where, according to B, Elmore had anal intercourse with him in one of the...

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