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STATE v. JAMES P.S.

No. 14756-8-III.

934 P.2d 698 (1997)

85 Wash.App. 586

The STATE of Washington, Respondent, v. JAMES P.S., Petitioner.

Court of Appeals of Washington, Division 3.

April 8, 1997.

Attorney(s) appearing for the Case

Hugh M. Spall, Jr., Ellensburg, for Petitioner.

Lauri M. Boyd, Deputy Prosecuting Attorney, Yakima, for Respondent.

SCHULTHEIS, Acting Chief Judge.

Children from the age of 8 and under 12 years of age are presumed incapable of committing a crime. RCW 9A.04.050. James S. was charged by information with first degree rape of a child. The charge was based on an act of sexual intercourse with a 3-year-old girl, M., committed when James was 11. In a pretrial hearing, the trial court found that he had the capacity to understand the act charged and its wrongfulness. We granted review of...

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