State v. Werner

241 P.3d 410 (2010)

STATE of Washington, Respondent,

v.

Gary WERNER, Petitioner.

No. 84388-1.

Supreme Court of Washington, En Banc.

Considered October 7, 2010.

Decided October 28, 2010.

Suzanne Lee Elliott, Attorney at Law, Seattle, WA, for Petitioner.

Lori Ellen Smith, Lewis County Prosecutor's Office, Chehalis, WA, for Respondent.

¶ 1 At issue is whether Gary Werner was entitled to a jury instruction on self-defense in his prosecution for first degree assault after claiming he accidentally discharged a firearm when confronted by a pack of dogs. Under the facts of this case, we conclude he was and…