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STATE v. SHOUSE

No. 21639-0-III.

83 P.3d 453 (2004)

119 Wash.App. 793

STATE of Washington, Respondent, v. Joseph L. SHOUSE, Appellant.

Court of Appeals of Washington, Division 3, Panel Six.

January 27, 2004.

Attorney(s) appearing for the Case

Dennis W. Morgan, Attorney at Law, Ritzville, WA, for Appellant.

Margaret A.P. Sowards, Kittitas County Superior Court, Ellensburg, WA, for Respondent.

SWEENEY, J.

Omitting an element of a crime from the jury instructions may be harmless error, provided the evidence establishing that element is uncontested. State v. Brown, 147 Wn.2d 330, 341, 58 P.3d 889 (2002). Here, the court failed to instruct the jury that knowledge is an element of the crime of felon in possession of a firearm. The error was not harmless because the evidence on that...

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