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STATE v. SMITH

No. 50417-7-I.

93 P.3d 877 (2003)

118 Wash.App. 480

STATE of Washington, Respondent, v. James Andrew SMITH, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered September 5, 2003.

Attorney(s) appearing for the Case

Nielsen Broman Koch Pllc, Attorney at Law, Christopher Gibson, Attorney at Law, Eric J. Nielsen, Attorney at Law, Seattle, Counsel for Appellants.

Prosecuting Atty. King County, King County Prosecutor/appellate Unit, Robin Elisabeth Sheridan, King County Prosecutor Office, Seattle, Counsel for Respondents.

AGID, J.

James Smith appeals his conviction for unlawful display of a weapon in violation of RCW 9.41.270(1). The issue is whether Smith's display of a weapon in his backyard falls within the "place of abode" exception to the statute. RCW 9.41.270(3)(a). Smith's actions do not fall within the exception because a backyard is not "in" a person's place of abode. We therefore affirm.

FACTS

On June 20, 2001, employees from Valley Tow Company were dispatched...

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