STATE v. ANDERSON

No. 25859-9-III.

180 P.3d 885 (2008)

STATE of Washington, Respondent, v. Howard Gale ANDERSON, aka Earl W. Dodge Jr., Appellant.

Court of Appeals of Washington, Division 3.

April 17, 2008.


Attorney(s) appearing for the Case

David N. Gasch, Gasch Law Office, Spokane, WA, for Appellant.

Cheryl Taylor, Stevens County Prosecutor's Office — DPA, Colville, WA, for Respondent.


SWEENEY, J.

¶ 1 This appeal follows a conviction for second degree assault while armed with a firearm. It raises a couple of questions. The first is whether the State produced sufficient evidence to support the court's instruction that an aggressor may not avail himself of the defense of self-defense. We conclude that the State produced sufficient evidence to support the court's aggressor instruction. The second question is whether the court had authority to...

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