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eBook details

• Title: Washington v. James
• Author : Division Two Court of Appeals of Washington
• Release Date : January 07, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

The defendant, Harvey James, Jr., appeals his convictions by jury verdicts of unlawful possession of a firearm, multiple counts of assault in the first degree while armed with a deadly weapon, and kidnapping in the first degree while armed with a deadly weapon. The dispositive issue on appeal is whether trial courts are required to give a separate jury instruction expressly stating that the State must disprove beyond a reasonable doubt diminished capacity because of voluntary intoxication once the defense is raised. We conclude that the "to convict" instruction sufficiently allocates the burden of proof to the prosecuting attorney and that a separate instruction is not required in diminished capacity cases. Accordingly, we affirm.

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