State v. Davis

Kenneth Davis appeals his convictions of felony murder in the second degree, RCW 9A.32.050(l)(b), and second degree assault, RCW 9A.36.021(l)(a). He contends the trial court erred in (1) granting the State's motion to exclude testimony as to diminished capacity, (2) permitting the State to amend the complaint on the morning of trial, (3) refusing his proposed jury instructions, and (4) improperly responding to a question from the jury during deliberations. We reverse the murder conviction and affirm the assault conviction.

One morning in May 1989, Joyce Davis told her husband she was leaving…