STATE v. OWENS

No. 43702-3-II.

324 P.3d 757 (2014)

STATE of Washington, Appellant, v. Mark Francis OWENS, Respondent.

Court of Appeals of Washington, Division 2.

April 29, 2014.


Attorney(s) appearing for the Case

Thomas A. Brotherton , Jefferson County Prosecutor's Office, Port Townsend, WA, for Petitioner.

Bret Allen Roberts , Jefferson Associated Counsel, Port Townsend, WA, for Respondent.


LEE, J.

¶ 1 The State appeals the superior court's reversal of Mark Owens's unlawful display of a weapon conviction. A district court jury found Owens guilty of unlawful display of a weapon. On appeal, the superior court reversed Owens's conviction, ruling that, the trial court erred in refusing Owens's proposed jury instruction requiring the State to prove that he did not commit the charged crime while "in his place of abode." Because the "place of abode" exception...

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