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STATE v. ANDERSON

No. 8967-3-III.

54 Wn. App. 384 (1989)

773 P.2d 882

THE STATE OF WASHINGTON, Respondent, v. GEORGE R. ANDERSON, ET AL, Defendants, RALPH L. SHARKEY, Appellant.

The Court of Appeals of Washington, Division Three.

June 8, 1989.

Attorney(s) appearing for the Case

John Troberg, for appellant.

Allen C. Nielson, Prosecuting Attorney, for respondent.

SHIELDS, J.

Ralph L. Sharkey was charged with carrying a loaded pistol in a vehicle without a license, RCW 9.41.050(3). At a pretrial hearing, Mr. Sharkey contended the State was required to prove knowledge that the pistol was loaded as an element of the crime. In the alternative, Mr. Sharkey asserted he was entitled to present an affirmative defense he did not know the gun was loaded. The trial court ruled "[t]he crimes defined by RCW 9.41.050 do not require the...

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