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STATE v. TUNNEY

No. 63116-6.

917 P.2d 95 (1996)

129 Wash.2d 336

The STATE of Washington, Respondent, v. Barry Michael TUNNEY, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 30, 1996.

Attorney(s) appearing for the Case

Joseph J. Lynch, Byron H. Ward, Seattle, for petitioner.

Norm Maleng, King County Prosecutor, Jennifer Gilman, Deputy, Seattle, for respondent.

JOHNSON, Justice.

Barry M. Tunney was convicted of third degree assault of a police officer in King County. He challenges the sufficiency of the information for the first time on appeal, arguing it was defective because the Prosecutor omitted the necessary common law element that Mr. Tunney knew his victim was a police officer performing his official duties. The Court of Appeals affirmed the conviction, State v. Tunney, 77 Wn.App. 929

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