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STATE v. SMITH

No. 9440-5-III.

56 Wn. App. 909 (1990)

786 P.2d 320

THE STATE OF WASHINGTON, Respondent, v. EVERETT LAVERNE SMITH, Appellant.

The Court of Appeals of Washington, Division Three.

February 15, 1990.

Attorney(s) appearing for the Case

Paul Wasson, for appellant.

Donald C. Brockett, Prosecuting Attorney, and Neil Korbas, Deputy, for respondent.

MUNSON, C.J.

Everett Smith appeals his conviction for first degree statutory rape and indecent liberties. He assigns error to (1) three evidentiary rulings, (2) one jury instruction, and (3) denial of his motion to dismiss for insufficient evidence. We affirm the statutory rape conviction and reverse and remand the indecent liberties conviction.

The appellant is the 51-year-old father of Edward L. Smith. Edward L. Smith and Teresa Gooch are the parents of...

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