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STATE v. DAVIS

No. 10678-1-III.

64 Wn. App. 511 (1992)

827 P.2d 298

THE STATE OF WASHINGTON, Respondent, v. KENNETH WAYNE DAVIS, Appellant.

The Court of Appeals of Washington, Division Three.

March 3, 1992.

Attorney(s) appearing for the Case

Joy E. VanNostern, for appellant.

Gerald A. Matosich, Prosecuting Attorney, and Richard L. Walker, Deputy, for respondent.

MUNSON, J.

Kenneth Davis appeals his convictions of felony murder in the second degree, RCW 9A.32.050(1)(b), and second degree assault, RCW 9A.36.021(1)(a). He contends the trial court erred in (1) granting the State's motion to exclude testimony as to diminished capacity, (2) permitting the State to amend the complaint on the morning of trial, (3) refusing his proposed jury instructions, and (4) improperly responding to a question from the jury during deliberations...

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