[DOWNLOAD] "State V. Finley" by Washington Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Finley
- Author : Washington Court of Appeals
- Release Date : January 24, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This is a trespass and assault case. A bartender kicked David Finley out of a bar following two angry, belligerent confrontations with his girlfriend, other bar patrons, and police. His appeal presents two substantive questions. The first is whether the facts required the court to instruct the jury on voluntary intoxication. We conclude that the trial court correctly refused to instruct on voluntary intoxication. Mr. Finley failed to show impairment of his mental acuity sufficient to prevent him from forming the necessary mens rea to commit second degree assault and criminal trespass. State v. Gabryschak, 83 Wn. App. 249, 252-53, 921 P.2d 549 (1996). The second question is whether the State or Mr. Finley had the burden of proving that his permission to enter or remain at the bar - a public place - had been revoked. The State had the burden to prove his permission to enter or remain had been properly revoked. State v. R.H., 86 Wn. App. 807, 810-12, 939 P.2d 217 (1997). And it did so. We therefore affirm the convictions.