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STATE v. BAKER

No. 23702-1-I.

58 Wn. App. 222 (1990)

792 P.2d 542

THE STATE OF WASHINGTON, Respondent, v. GUY EARL BAKER, Appellant.

The Court of Appeals of Washington, Division One.

May 21, 1990.

Attorney(s) appearing for the Case

Julie A. Kesler of Washington Appellate Defender Association, for appellant.

Seth R. Dawson, Prosecuting Attorney, and Michael Taylor, Deputy, for respondent.

GROSSE, A.C.J.

Guy Earl Baker (Baker) appeals his conviction of first degree manslaughter. He claims the jury instructions did not properly allocate the burden of proof as to the absence of excuse beyond a reasonable doubt to the State. Specifically, he contends (1) the jury was improperly instructed on excusable homicide, (2) the instructions impermissibly shifted the burden of proof both as to the absence of excusable homicide and the absence of recklessness to...

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