State v. Lord
In State v. Lord, 117 Wn.2d 829, 878, 822 P.2d 177 (1991) the Court held that a jury instruction was incomplete because it and the special verdict form allowed the jury to find that either rape or kidnapping was the underlying crime. Id. at 877,
However, the Court concluded that the special verdict form, when read with the "to convict" instruction for the alternative of first degree murder, cured any problem because that instruction informed the jury its verdict had to be unanimous on which of the alternatives was committed by the defendant: premeditated murder, first degree murder (felony-rape) or first degree murder (felony-kidnapping). Id. at 879-80.