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STATE v. WARD

No. 77044-6-I.

438 P.3d 588 (2019)

STATE of Washington, Respondent, v. Kenneth A. WARD, Petitioner.

Court of Appeals of Washington, Division 1.

FILED: April 8, 2019.

Attorney(s) appearing for the Case

Ralph Hurvitz , Attorney at Law, Po Box 25642, Seattle, WA, 98165-1142, Lauren C. Regan , 783 Grant Street, Suite 200, Eugene, OR, 97402, for Appellant.

Skagit County Prosecuting Attorney, Attorney at Law, Erik Pedersen , Skagit County Prosecutor's Office, 605 S 3rd St., Courthouse Annex, Mount Vernon, WA, 98273-3867, Sloan Gerriets Johnson , Attorney at Law, 530 East McDowell Rd., Ste. 107-56, Phoenix, AZ, 85004, A. O. Denny , Mount Vernon City Attorney, 910 Cleveland Ave., Mount Vernon, WA, 98273-4212, for Respondent.

PUBLISHED OPINION

¶1 Washington recognizes a common law necessity defense. The defense may be raised when a defendant demonstrates that they reasonably believed the commission of the crime was necessary to avoid or minimize a harm, the harm sought to be avoided was greater than...

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