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STATE v. MEGGYESY

Nos. 38133-4-I, 40395-8-I.

958 P.2d 319 (1998)

90 Wash.App. 693

STATE of Washington, Respondent, v. Thomas William MEGGYESY, Appellant. STATE of Washington, Respondent, v. Arthur HEGGINS, Jr., Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered April 27, 1998.

Attorney(s) appearing for the Case

Lenell Rae Nussbaum, Seattle, for Appellant Thomas William Meggyesy.

Eric J. Nielsen, Nielsen, Broman & Assoc. Pllc., Seattle, for Appellant Arthur Heggins, Jr.

Lee D. Yates, Senior Deputy Prosecuting Attorney, Seattle, James H. Krider, Seth A. Fine, Snohomish County Prosecutor's Office, Everett, Norm Maleng, King County Prosecutor's Office, Seattle, for Respondent.

COX, Judge.

Arthur Heggins and Thomas Meggyesy challenge the giving of standard WPIC "to convict" jury instructions used in their respective trials. Each contends the trial court erred by instructing the jury that if it found that the State had proved beyond a reasonable doubt all elements of the charged crime, then it had "a duty to return a verdict of guilty." We hold that neither the federal nor the state constitution precludes such an instruction. Accordingly...

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