STATE v. NICHOLSON

No. 50241-7-I.

84 P.3d 877 (2003)

119 Wash.App. 855

STATE of Washington, Respondent, v. Dereck Anthony NICHOLSON, II, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered January 13, 2004.


Attorney(s) appearing for the Case

Cheryl Aza, Washington Appellate Project, Seattle, WA, for Appellant.

Dennis John McCurdy, Julie Anne Kays, King Co. Pros Office, Seattle, WA, for Respondent.


APPELWICK, J.

Dereck Anthony Nicholson was convicted of one count of assault of a child in the second degree and one count of imprisonment-domestic violence. He appeals his conviction for second degree assault of a child with a deadly weapon on the grounds that there was insufficient evidence to prove the elements of common law assault, and that the jury was improperly instructed on the elements of common law assault. We reverse his conviction for second degree assault...

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