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STATE v. WARDEN

No. 63945-1.

947 P.2d 708 (1997)

133 Wash.2d 559

STATE of Washington, Petitioner, v. Virginia WARDEN, Respondent.

Supreme Court of Washington, En Banc.

Decided November 20, 1997.

Attorney(s) appearing for the Case

Norm Maleng, King County Prosecutor, Lee Yates, Cynthia Gannett, Deputy County Prosecutors, Seattle, Theresa Fricke, Tacoma, for Petitioner.

Nielsen, Broman & Assoc., Eric Broman, Eric Nielsen, Seattle, for Respondent.

JOHNSON, Justice.

This case, along with its companion case, State v. Berlin, 541 Wn.2d 133, 947 P.2d 700, presents the issue of whether jury instructions may be given for manslaughter when a defendant is charged with both felony murder and intentional or premeditated murder. In this case, the Court of Appeals reversed Defendant's second degree murder conviction, noting manslaughter is a lesser included offense of intentional...

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