STATE v. JACKSON

No. 55278-9.

112 Wn.2d 867 (1989)

774 P.2d 1211

THE STATE OF WASHINGTON, Respondent, v. DESTIN LEMIER JACKSON, Petitioner.

The Supreme Court of Washington, En Banc.

As amended by order July 28, 1989


Attorney(s) appearing for the Case

Neil M. Fox of Washington Appellate Defender Association, for petitioner.

Norm Maleng, Prosecuting Attorney, and Susan J. Noonan, Deputy, for respondent.


[Dissent amended by order of the Supreme Court July 28, 1989.]

CALLOW, C.J.

The defendant, Destin L. Jackson, was convicted of attempted second degree burglary. He contends the trial court erred in giving an inference of intent instruction.

The issues presented are:

1. In an attempted burglary case, is it error to instruct the jury that it may infer the defendant acted with intent to commit a crime within the building from the fact that the...

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