State v. Robinson

John Allen Robinson appeals his jury convictions of second degree assault and first degree murder, both committed while armed with a deadly weapon, a firearm. The primary issue concerns the Superior Court's failure to specifically instruct the jury the State had the burden of proving absence of self-defense beyond a reasonable doubt. In light of the recent holding in State v. Acosta, 101 Wn.2d 612, 683 P.2d 1069 (1984), we find it was error not to instruct the jury the State must prove absence of self-defense beyond a reasonable doubt, but further hold it was harmless error. We affirm both…