Legal Opinion

State v. Anderson

Court of Appeals of Washington

Decided February 16, 1999No. 40861-5-IPublishedCited by 13 opinions

1Opinion of the CourtKennedy, C. J.

— Thaddius X. Anderson appeals his second degree unlawful possession of a firearm conviction, contending that the trial court erred in instructing the jury that the State is not required to prove beyond a reasonable doubt that he knew that he possessed a firearm. In addition, he maintains that the State failed to present sufficient evidence to prove beyond a reasonable doubt that the handgun was a “firearm” as defined in the unlawful possession of a firearm statute, RCW 9.41.010(1).

Knowledge of the presence of a firearm is not an element of second degree unlawful possession of a firearm. And…

2Cases cited23 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Staples v. United StatesSupreme Court of the United States · 1994
  3. State v. SmithWashington Supreme Court · 1997
  4. State v. BrownWashington Supreme Court · 1988
  5. State v. SmithWashington Supreme Court · 1997

18 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. AndersonWashington Supreme Court · 2000
  2. State v. JacksonSupreme Court of North Carolina · 2001
  3. State v. SummersCourt of Appeals of Washington · 2001
  4. State v. SummersCourt of Appeals of Washington · 2001
  5. State v. RadanCourt of Appeals of Washington · 1999

8 more not listed; retrieve them via the Exa API.

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