STATE v. STALLWORTH

No. 2176-3.

19 Wn. App. 728 (1978)

577 P.2d 617

THE STATE OF WASHINGTON, Respondent, v. CLARENCE EUGENE STALLWORTH, Appellant.

The Court of Appeals of Washington, Division Three.

April 13, 1978.


Attorney(s) appearing for the Case

William A. McCormick and Sensney, Davis & McCormick, for appellant (appointed counsel for appeal).

Curtis Ludwig, Prosecuting Attorney, and Dennis Yule, Deputy, for respondent.


GREEN, J.

Clarence E. Stallworth was convicted by a jury of one count of murder in the first degree and one count of murder in the second degree, both while in possession of a deadly weapon, a .38 caliber revolver. He appeals that conviction.

Four issues requiring disposition are presented: (1) Does instruction No. 9 improperly shift the burden of proof regarding intent, an element of second-degree murder, from...

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