STATE v. WERNER

No. 84388-1.

241 P.3d 410 (2010)

STATE of Washington, Respondent, v. Gary WERNER, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 28, 2010.


Attorney(s) appearing for the Case

Suzanne Lee Elliott , Attorney at Law, Seattle, WA, for Petitioner.

Lori Ellen Smith , Lewis County Prosecutor's Office, Chehalis, WA, for Respondent.


PER CURIAM.

¶ 1 At issue is whether Gary Werner was entitled to a jury instruction on self-defense in his prosecution for first degree assault after claiming he accidentally discharged a firearm when confronted by a pack of dogs. Under the facts of this case, we conclude he was and reverse his conviction.

¶ 2 Daniel Barnes moved to the real property next to Werner. Almost immediately, Werner and Barnes began an ongoing property dispute concerning...

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