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STATE v. MILLER

Nos. 15875-6-III, 16445-4-III.

949 P.2d 821 (1997)

89 Wash.App. 364

STATE of Washington, Respondent, v. James C. MILLER, Appellant. In the Matter of the Application for Relief From Personal Restraint of James Calvin Miller, Petitioner.

Court of Appeals of Washington, Division 3.

Publication Ordered January 15, 1998.

Attorney(s) appearing for the Case

Charles H. Webb, Clarkston, for Appellant.

Benjamin C. Nichols, Asotin, for Respondent.

BURCHARD, Judge Pro Tem.*

James C. Miller appeals his conviction for third-degree assault. We hold the conviction is invalid because the jury was not instructed that it is the State's burden to prove the absence of lawful force (self-defense) beyond a reasonable doubt.

Mr. Miller was an inmate at the Asotin County Jail when he struck jailer Robert Walling on May 1, 1996. The State charged him with third-degree assault. See RCW...

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