STATE v. DYSON

No. 38939-4-I.

952 P.2d 1097 (1997)

STATE of Washington, Respondent, v. Richard Alan DYSON, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered March 23, 1998.


Attorney(s) appearing for the Case

Gregory C. Link, Kira T. McCrae, Washington Appellate Project, Seattle, for Appellant.

Howard P. Schneiderman, King County Prosecuting Attorney, Seattle, for Respondent.


PER CURIAM.

Explicit evidence that a defendant intended to assault a victim is not necessary in order to provide the evidentiary basis for a self-defense instruction. What is necessary is evidence that the action that caused the victim's injury was not accidental, but rather made in order to protect the defendant. Here Richard Dyson testified that after the victim put him in a choke hold, he engaged in passive resistance by rising up to get air. By doing this he caused...

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