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STATE v. FILBECK

No. 21453-9-II.

952 P.2d 189 (1997)

89 Wash.App. 113

STATE of Washington, Respondent, v. Bertha A. FILBECK, Appellant.

Court of Appeals of Washington, Division 2.

December 12, 1997.

Attorney(s) appearing for the Case

Judith Hamilton Stone (Court Appointed), Chinook, for Appellant.

Michael Dwayne Smith, Pacific Co. Prosecuting Atty., South Bend, for Respondent.

HOUGHTON, Chief Justice.

Bertha A. Filbeck appeals from a conviction of third degree assault in violation of RCW 9A.36.031(1)(g)1, on grounds that the jury was improperly instructed. We reverse and remand.

FACTS

On December 6, 1995, at about 10:30 p.m., Officer Langendorfer received information from dispatch about a possible motor vehicle accident. Upon arriving at the scene, Langendorfer noticed a woman lying face down...

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