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STATE v. DAVIS

No. 59102-4.

121 Wn.2d 1 (1993)

846 P.2d 527

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

The Supreme Court of Washington, En Banc.

March 4, 1993.

Attorney(s) appearing for the Case

Gerald A. Matosich, Prosecuting Attorney, and Richard Lynn Walker, Deputy, for petitioner.

Kenneth Wayne Davis, pro se, and Joy E. Van Nostern, for respondent.

Donald C. Brockett, Prosecuting Attorney for Spokane County, and Kevin M. Korsmo, Deputy, on behalf of Washington Association of Prosecuting Attorneys, amicus curiae for petitioner.

DURHAM, J.

Respondent Kenneth Davis was convicted of second degree felony murder, with the underlying felony of second degree assault. We are asked to decide one issue: is a defendant charged with second degree murder entitled to a lesser included offense instruction for first and second degree manslaughter? We hold that no such instruction is required.

The following facts were disclosed during a jury trial. In early...

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