Washington V. Tunney

JOHNSON, J. -- Barry M. Tunney was convicted of third degree assault of a police officer in King County. He challenges the sufficiency of the information for the first time on appeal, arguing it was defective because the Prosecutor omitted the necessary common law element that Mr. Tunney knew his victim was a police officer performing his official duties. The Court of Appeals affirmed the conviction, State v. Tunney, 77 Wash. App. 929, 895 P.2d 13 (1995), and we granted review. We hold the element that Mr. Tunney