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STATE v. HUMMELL

No. 14556-1-II.

68 Wn. App. 538 (1993)

843 P.2d 1125

THE STATE OF WASHINGTON, Respondent, v. LONNIE DEAN HUMMELL, Appellant.

The Court of Appeals of Washington, Division Two.

January 25, 1993.

Attorney(s) appearing for the Case

Robert W. Huffhines, Jr., for appellant (appointed counsel for appeal).

C.C. Bridgewater, Prosecuting Attorney, and Douglas S. Boole, Deputy, for respondent.

ALEXANDER, C.J.

Lonnie Dean Hummell appeals his conviction on a charge of first degree burglary, claiming that the trial court erred in: (1) failing to give his proposed jury instruction that fourth degree assault was a lesser included offense of burglary in the first degree, as charged; and (2) giving the jury an instruction that misstated the law and amounted to a comment on the evidence. We reverse and remand for a...

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