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State v. Sample

Citations

  • 757 P.2d 539
  • 52 Wash. App. 52
  • 1988 Wash. App. LEXIS 334

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding fourth degree assault \is not a lesser-included offense of assault in the third degree by negligence\
  • stating that simple assault is not a lesser included offense of assault in the third degree because simple assault requires proof of intent, whereas assault in the third degree does not
  • comparing third degree assault with simple assault, which was later recodified as fourth degree assault
  • fourth degree assault is not a lesser included offense of third degree assault by criminal negligence because the latter includes no element of intent
  • under RCW's, court found it was possible to commit third degree assault by criminal negligence without committing simple assault
  • effective July 1, 1988, RCW 9A.36.040 defining simple assault was superseded by RCW 9A.36.041

Source: CourtListener parenthetical corpus (CC0).

Judges: Reed, Petrich, Alexander

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

7 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.