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STATE v. BRIGHT

No. 12495-9-III.

77 Wn. App. 304 (1995)

890 P.2d 487

THE STATE OF WASHINGTON, Respondent, v. FRED D. BRIGHT, Appellant.

The Court of Appeals of Washington, Division Three.

January 31, 1995.

Attorney(s) appearing for the Case

Charles S. Dorn and Brian C. O'Brien, for appellant.

Michael E. McNeff, Prosecuting Attorney, for respondent.

SCHULTHEIS, J.

After his first trial ended with a hung jury, a second jury found Fred Bright guilty as charged on two counts of first degree rape. He appeals, contending (1) there was insufficient proof that he used or threatened to use a deadly weapon, (2) the court's instructions to the jury were inaccurate, (3) failure to instruct the jury on third degree rape was error, (4) the court erred in admitting and withdrawing certain evidence, (5) prosecutorial misconduct...

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