STATE v. VALENTINE

No. 62274-4.

935 P.2d 1294 (1997)

132 Wash.2d 1

The STATE of Washington, Respondent, v. Ronald Floyd VALENTINE, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 1, 1997.


Attorney(s) appearing for the Case

Brian C. O'Brien, Spokane, for Petitioner.

Jim Sweetser, Spokane County Prosecutor, Kevin M. Korsmo, Deputy, Spokane, for Respondent.


ALEXANDER, Justice.

Ronald Valentine obtained review of a decision of the Court of Appeals, Division Three, affirming his conviction on a charge of third degree assault, a charge that was based on an allegation that Valentine assaulted a law enforcement officer while the officer was engaged in performance of his official duties. Valentine contends on appeal that the trial court erred in instructing the jury that "[t]he use of force to prevent an unlawful arrest which...

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