State v. Burnham

Defendant Harvey A. Burnham (also known as Raymond D. Rickman), appeals from a conviction of second-degree theft. RCW 9A.56.020(1)(a) and RCW 9A.56-.040. He assigns as error the giving of instruction No. 9, which relates to the intent required to support a theft conviction. We hold that, although the instruction is an incorrect statement of the law, defendant was not prejudiced by the error.

Sometime after 6 p.m. on August 11, 1976, a citizen's band radio and a VHF marine band radio were taken from a boat docked in Westport, Washington. The value of the radios exceeded $250. The next day, as…