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STATE v. VANDER HOUWEN

No. 77891-4.

177 P.3d 93 (2008)

STATE of Washington, Respondent, v. Jerrie L. VANDER HOUWEN, Petitioner.

Supreme Court of Washington, En Banc.

Decided February 14, 2008.

Attorney(s) appearing for the Case

Russell James Mazzola, Attorney at Law, Yakima, WA, for Petitioner.

Kenneth L. Ramm Jr., Yakima, WA, for Respondent.

Kathryn B. McLeod, Attorney at Law, Olympia, WA, for Amicus Curiae on behalf of Washington State Dept. of Fish and Wildlife.

J.M. JOHNSON, J.

¶ 1 The owner of severely damaged orchards was convicted for shooting some of the responsible animals after repeated requests for state remedies were unsuccessful. We reverse both the Court of Appeals and the trial court, and hold that it was error to deny defendant use of jury instructions long held appropriate for such defense.1 We reaffirm the holding that:

[I]t may be justly said that one who kills an...

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