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STATE v. RICE

No. 49587-4.

102 Wn.2d 120 (1984)

683 P.2d 199

THE STATE OF WASHINGTON, Respondent, v. MARK ALLEN RICE, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

June 28, 1984.

Attorney(s) appearing for the Case

Hemovich & Nappi, by Michael J. Hemovich and Phelps R. Gose, for petitioner Rice.

Raymond H. Thoenig and Paris K. Kallas of Washington Appellate Defender Association, for petitioner Luna.

Norm Maleng, Prosecuting Attorney, and Deborah J. Phillips, Deputy, for respondent.

DORE, J.

Defendants Mark Allen Rice and Richard Luna were convicted of second degree felony murder. They claim prejudicial error to the trial court's failure to instruct on intoxication, and on a statutory affirmative defense. We reverse and remand for new trials.

FACTS

During the evening of February 18, 1981, Richard Hutchinson and Theodore Urban were playing ping-pong in a north Seattle tavern. Around 11:15 p.m., defendants, together with Robert...

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