State v. Rice

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 Merritt, entered the tavern accompanied by two women. A fight broke out between Luna and Urban. Rice, wielding a pocketknife, came to Luna's aid and…