State v. Hahn, 174 Wash. 2d 126

Summary

The Supreme Court of Washington held that the evidence did not support a jury instruction on the lesser included offense of solicitation to commit fourth degree assault in a prosecution for solicitation to commit first degree murder. The court reversed the Court of Appeals and reinstated the conviction.

Holdings

1. The evidence did not support an instruction on solicitation to commit fourth degree assault because it did not permit a reasonable inference that Hahn solicited only that lesser offense to the exclusion of solicitation to commit murder.

Questions Presented

1. Whether the evidence supported a jury instruction on the lesser included offense of solicitation to commit fourth degree assault.
2. Whether Hahn's statements, viewed in the light most favorable to him, supported an inference that he solicited only a simple assault and not murder.

Disposition

reversed