State v. Johnson
Washington Supreme Court
1Opinion of the CourtUtter, J.
These four consolidated cases present two main issues, both regarding the burglary statute. The first is the constitutionality of an instruction given in the language of RCW 9A.52.040, which allows the trier of fact to *610presume (or infer) intent to commit a crime from unlawful entry.1 The second issue is whether the State in a burglary prosecution must charge and prove the crime or crimes the defendant allegedly intended to commit.2 We reach the same basic conclusion as has our Committee on Jury Instructions and hold that an instruction given in the language of RCW 9A.52.040 is not…
Also in this document: Concurrence.
2Cases cited44 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- State v. GreenWashington Supreme Court · 1980
- Pollard v. United StatesSupreme Court of the United States · 1957
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3Cited by140 opinions
- State v. ScottWashington Supreme Court · 1988
- State v. O'HaraWashington Supreme Court · 2009
- State v. LeachWashington Supreme Court · 1989
- State v. BergeronWashington Supreme Court · 1985
- State v. GardnerOhio Supreme Court · 2008
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