State Of Washington, V Purcell D. Toston, Jr.

Filed Washington State Court of Appeals Division Two July 31, 2018 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II STATE OF WASHINGTON, No. 49871-5-II Respondent, v. PURCELL DEVOIR TOSTON, JR., UNPUBLISHED OPINION Appellant. SUTTON J. — Purcell D. Toston, Jr. appeals his conviction for second degree assault. He argues that the trial court erred by instructing the jury as to the common, dictionary definition of fracture and erred by refusing to instruct the jury on the lesser included offense of fourth degree assault. And he argues that there was insufficient evidence to support…