(Download) "Washington v. Hundley" by Supreme Court of Washington # eBook PDF Kindle ePub Free
eBook details
- Title: Washington v. Hundley
- Author : Supreme Court of Washington
- Release Date : January 18, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
DURHAM, C.J. -- David Hundley was convicted of possession of trace amounts of cocaine and heroin. At trial, Hundley contended the evidence was insufficient to prove the charges beyond a reasonable doubt; he also asserted an affirmative defense of unwitting possession. The Court of Appeals held the evidence was sufficient to support the conviction, but reversed based on unwitting possession. State v. Hundley, 72 Wash. App. 746, 866 P.2d 56 (1994). The court held the affirmative defense of unwitting possession need only create a reasonable doubt that the Defendant knowingly possessed the drugs, even though the crime of possession does not include guilty knowledge as an essential element. Hundley, at 750-53; see also RCW 69.50.401(d). Under this approach, the affirmative defense of unwitting possession need not itself be established by a preponderance of the evidence. Hundley, at 753.