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STATE v. BERLIN

No. 17862-1-II.

911 P.2d 414 (1996)

80 Wash.App. 734

The STATE of Washington, Respondent, v. Leslie W. BERLIN, Appellant.

Court of Appeals of Washington, Division 2.

March 1, 1996.

Attorney(s) appearing for the Case

Thomas Adkins Copland, Copland & Micheau, Aberdeen, for Appellant.

Gerald R. Fuller, Grays Harbor County Deputy Pros. Atty., Office of Prosecutor, Montesano, for Respondent.

CHARLES K. WIGGINS, Judge Pro Tem.*

Defendant Leslie Berlin killed his friend Robert Kuehny by shooting him in the abdomen with a shotgun. The State charged Berlin with second degree murder by the alternative means of intentional murder and felony murder committed in the course of second degree assault. The jury found Berlin not guilty of second degree murder, but guilty of manslaughter in the first degree. We reluctantly conclude that...

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