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STATE v. DANIELS

No. 38096-6-I.

940 P.2d 690 (1997)

87 Wash.App. 149

STATE of Washington, Respondent, v. Audie DANIELS, Appellant.

Court of Appeals of Washington, Division 1.

July 28, 1997.

Attorney(s) appearing for the Case

Gregory C. Link, Washington Appellate Project, Seattle, for Appellant.

David S. McEachran and Laura D. Hayes, Whatcom County Prosecutors Office, Bellingham, for Respondent.

BECKER, Judge.

Actual battery is one of three ways of committing assault. A jury convicted Audie Daniels of two counts of second degree assault of a child committed by actual battery. Daniels did not request an instruction defining battery, but now contends the court's failure to give one was manifest constitutional error. We reject this argument, holding the definition was not an element of the crime. We also reject Daniels' contention

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