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STATE v. BROWN

No. 38095-8-I.

972 P.2d 112 (1999)

94 Wash.App. 327

STATE of Washington, Respondent, v. Jason BROWN Aka Joseph Osell Palmer, Appellant.

Court of Appeals of Washington, Division 1.

February 22, 1999.

Attorney(s) appearing for the Case

Stella S. Buder, Washington Appellate Project, Seattle, for Appellant.

Dennis J. McCurdy, Deputy King County Prosecutor, Seattle, for Respondent.

KENNEDY, C.J.

Joseph Palmer, aka Jason Brown, was convicted of third degree assault of a law enforcement officer who was performing official duties at the time of the assault. The trial court's "to convict" instruction required the State to prove beyond a reasonable doubt that Palmer knew that the victim was a law enforcement officer at the time of the assault. But it did not require the State to also prove that Palmer knew that the victim was performing official...

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