Volume 5 — Washington Appellate Reports

<bold>[1] Criminal Law — Evidence — Opinion Evidence — Lay Testimony.</bold> It is proper for a lay witness, in relating his observations, to testify in terms which include inferences and to state all relevant inferences, whether or not they embrace the ultimate issues to be decided by the trier of fact, unless the trial judge, exercising judicial discretion, determines that drawing such inferences requires special skill or knowledge or would tend to mislead the trier of fact. [See 31 Am.Jur.2d, Expert and Opinion Evidence § 14.] <bold>[2] Assault, Criminal — Elements — Apprehension.</bold> Apprehension not being an element of second-degree assault, it is not necessary that the victim be capable of apprehension.