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STATE v. SMITH

No. 76433-6.

154 P.3d 873 (2007)

STATE of Washington, Respondent, v. Sarah Jane SMITH, Petitioner.

Supreme Court of Washington, En Banc.

Decided March 15, 2007.

Attorney(s) appearing for the Case

Wayne Clark Fricke, Attorney at Law, Tacoma, WA, for Petitioner.

Michelle Luna-Green, Pierce County Prosecuting Attorney, Tacoma, WA, for Respondent.

ALEXANDER, C.J.

¶ 1 Sarah Smith seeks reversal of her three convictions for second degree assault with a deadly weapon. At trial, the jury was instructed that "[a] person commits the crime of Assault in the Second Degree when under circumstances not amounting to Assault in the First Degree he or she assaults another with a deadly weapon." Clerk's Papers (CP) at 151. The jury was given an additional instruction that set forth the three common law definitions of...

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