State v. Shouse

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 Wn.2d 330, 341, 58 P.3d 889 (2002). Here, the court failed to instruct the jury that knowledge is an element of the crime of felon in possession of a firearm. The error was not harmless because the evidence on that point was disputed. And we therefore reverse the conviction.

FACTS

A state trooper stopped a car driven by Christopher Black for speeding. Melanie Roberts owned the car. She is the girl friend of Joseph L. Shouse. Mr.…