# State v. Chenoweth

> Court of Appeals of Washington · June 22, 2015 · 188 Wash. App. 521

URL: https://www.frixlaw.com/law-library/cases/4765172

## Case

- **Full name:** The State of Washington v. Chad Curtis Chenoweth
- **Court:** Court of Appeals of Washington
- **Decided:** June 22, 2015
- **Citations:** 188 Wash. App. 521; 354 P.3d 13
- **Precedential status:** Published
- **Opinion:** Concurrence by Becker
- **Judges:** Becker, Cox, Verellen
- **Cited by:** 43 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4765172

## How later opinions describe it (automated extraction)

- concluding that testimony of the victim’s allegations was “not offered for the truth of the allegations, but to show what the witnesses did next,” including filing police reports and beginning an investigation, and “to provide a basis for their testimony”
- holding that “disclosures made nearly a year later cannot reasonably be considered ‘timely’”
- holding “any 4 No. 83946-2-I/5 child” as used in RCW 5.60.060(1) means the child of either spouse, regardless of age
- explaining, “this [Davis] holding has not been overruled, and no statute requires corroboration in incest cases”

## Opinion text

Becker, J.
¶39 (concurring) — If the use of the noncorroboration instruction were a matter of first impression, I would hold it is a comment on the evidence and reverse the conviction. I agree with the committee on pattern jury instructions that the matter of corroboration is really a matter of sufficiency of the evidence. Many correct statements of the law are not appropriate to give as instructions. But we are bound by State v. Clayton, 32 Wn.2d 571 , 202 P.2d 922 (1949), to hold that the giving of such an instruction is not reversible error. State v. Zimmerman, 130 Wn. App. 170, 182-83 , 121 P.3d 1216 (2005). Accordingly, I must concur.
Review denied at 184 Wn.2d 1023 (2015).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4765172. Public record. Not legal advice.