State v. Brown

2 Citing cases

  1. State v. Cooper

    3 Wn. App. 2d 1014 (Wash. Ct. App. 2018)

    State v. Brown, 3 Wn.App. 401, 403-04, 476 P.2d 124 (1970).

  2. State v. Baker

    No. 28635-1-II (Wash. Ct. App. Jun. 2, 2004)

    A defendant who is a first aggressor is entitled to an instruction on self-defense only if she has withdrawn from combat in such a way as to have clearly apprised her adversary that she was desisting, or intending to desist, from her aggressive action. See State v. Brown, 3 Wn. App. 401, 404, 476 P.2d 124 (1970); (citing State v. Wilson, 26 Wn.2d 468, 480, 174 P.2d 553 (1946)). A defendant is entitled to a jury instruction supporting this theory of the case only where her withdrawal is supported by substantial evidence in the record.