City of Seattle v. Smiley

The defendant, Annette S. Smiley, appeals her conviction for the crime of prostitution loitering, Seattle Municipal Code (SMC) 12A.10.010. She alleges three assignments of error: (1) the trial court impermissibly commented on the evidence in giving jury instruction 5; (2) jury instruction 5 impermissibly shifted the burden of proof from the City to the defendant; and (3) the trial court erred in failing to provide an adequate venire panel and in interfering with the jury selection process.

The defendant appeared for a jury trial in Seattle Municipal Court on December 4, 1982, on a charge of…