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STATE v. LABANOWSKI

No. 23690-3-I.

58 Wn. App. 860 (1990)

795 P.2d 176

THE STATE OF WASHINGTON, Respondent, v. STEPHEN LABANOWSKI, Appellant.

The Court of Appeals of Washington, Division One.

August 20, 1990.

Attorney(s) appearing for the Case

Helen Anderson and Scott Busby of Washington Appellate Defender Association, for appellant.

Seth R. Dawson, Prosecuting Attorney, and Joan Cavagnaro and Seth Aaron Fine, Deputies, for respondent.

SWANSON, J.

Stephen Labanowski appeals from his conviction for second degree assault. Labanowski contends that the trial court erred in refusing to give his proposed instruction based on revised WPIC 155.01.

Labanowski was charged with second degree assault following a fight on May 31, 1988. The case was submitted to the jury on standard instructions covering second degree assault and the lesser included offense...

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