State v. Shouse

83 P.3d 453 (2004)

119 Wash.App. 793

STATE of Washington, Respondent,

v.

Joseph L. SHOUSE, Appellant.

No. 21639-0-III.

Court of Appeals of Washington, Division 3, Panel Six.

January 27, 2004.

Dennis W. Morgan, Attorney at Law, Ritzville, WA, for Appellant.

Margaret A.P. Sowards, Kittitas County Superior Court, Ellensburg, WA, for Respondent.

SWEENEY, J.

Omitting an element of a crime from the jury instructions may be harmless error, provided the evidence establishing that element is uncontested. State v. Brown, 147 Wash.2d 330, 341, 58 P.3d 889 (2002). Here, the court failed to instruct the jury that…