State v. Penn

Appeal was made to the Court of Appeals, Division One, following a guilty verdict in a jury trial on a second-degree assault charge. We accepted certification to determine whether the trial court erred in giving or refusing to give certain instructions.

In September 1975, Elmer Ray Penn, 21 years of age, and three of his brothers went to Dahl Field in Seattle to watch a fourth brother play bantam football for the Wedge wood team against the Red Shield team. The age of the players on both teams ranged from 12 to 16 years. An after-game scuffle ensued involving players of both teams, coaches and…