Washington v. Nelson (Majority and Concurrence)Annotate this Case
The issue this case presented for the Washington Supreme Court's review centered on the pattern jury instruction on attempted first-degree robbery. Petitioner Edward Nelson argued the State had to prove that the employee he attempted to rob had ownership, representative or possessory interest in the property. Specifically, he argued the "essential element" of representative or possessory interest should have been included in the "to convict" instruction to the jury. The Court of Appeal agreed this essential element was missing, but that the error was harmless. The Washington Supreme Court affirmed the outcome of the appellate court's decision, finding that the "to convict" instruction in this case was constitutionally adequate.