State v. Hobbs

Appellant Martin Hobbs appeals his conviction of second degree assault with a deadly weapon, claiming (1) insufficient evidence to prove that the assault took place in King County, and (2) error by the trial court in modifying the "to convict" jury instruction after jury deliberations had begun. Finding actual prejudice in the belated modification of the instruction, we reverse and remand for a new trial.

Facts

1. Procedural Facts

Hobbs was charged by information on April 24,1991, with rape in the second degree, contrary to RCW 9A.44.050(l)(a) (count 1), and assault in the second degree with a…