Legal Opinion

State v. Whitney

Washington Supreme Court

Decided July 23, 1987No. 53204-4PublishedCited by 67 opinions

1Opinion of the CourtGoodloe, J.

We address whether jury unanimity on one *507of the two alternative means charged is necessary in a first degree rape conviction. The Court of Appeals held jury unanimity is not necessary if each charged alternative is supported by substantial evidence. State v. Whitney, 44 Wn. App. 17, 720 P.2d 853 (1986). We affirm.

The relevant facts are set forth in the Court of Appeals opinion. Petitioner Alfred Whitney was charged by information with rape in the first degree in violation of RCW 9A.44.040(l)(a) and (b). RCW 9A.44.040(1) provides, in part:(1) A person is guilty of rape in the first degree when…

2Cases cited18 opinions

  1. McComb v. Jacksonville Paper Co.Supreme Court of the United States · 1949
  2. State v. GreenWashington Supreme Court · 1980
  3. Walker v. IllinoisSupreme Court of the United States · 1986
  4. State v. Kwan Fai MakWashington Supreme Court · 1986
  5. State v. ArndtWashington Supreme Court · 1976

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

3Cited by67 opinions

  1. State v. KitchenWashington Supreme Court · 2004
  2. State v. SutherbyWashington Supreme Court · 2009
  3. State v. TillmanUtah Supreme Court · 1987
  4. State v. NoltieWashington Supreme Court · 1991
  5. State v. Ortega-MartinezWashington Supreme Court · 1994

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

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