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STATE v. EAKINS

No. 61632-9.

902 P.2d 1236 (1995)

127 Wash.2d 490

STATE of Washington, Petitioner, v. Ted EAKINS, Respondent.

Supreme Court of Washington, En Banc.

August 31, 1995.

Attorney(s) appearing for the Case

Russell Hauge, Kitsap County Prosecutor, Brian T. Moran, Deputy, Pamela Loginsky, Deputy, Port Orchard, for petitioner.

Law Offices of Michael A. Dunn, Michael Allan Dunn, Port Orchard, for respondent.

JOHNSON, Justice.

Ted Eakins was convicted of two counts of second degree assault. He admitted pointing a loaded revolver at two people, but claimed drug and alcohol induced diminished capacity, so that he was not capable of forming specific intent to assault them. Only his specific intent was at issue at trial. The issue before us is whether his reputation for peacefulness is relevant under ER 404(a)(1) when only specific intent is at issue. The trial court refused...

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