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STATE v. DUNBAR

No. 57478-2.

117 Wn.2d 587 (1991)

817 P.2d 1360

THE STATE OF WASHINGTON, Petitioner, v. JOHN E. DUNBAR, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

October 17, 1991.

Attorney(s) appearing for the Case

John W. Ladenburg, Prosecuting Attorney, and Kyron Huigens, Deputy, for petitioner.

John C. Galbraith, for respondent Dunbar.

Monte E. Hester and Wayne C. Fricke, for respondent Smullen.

Gene M. Grantham on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae for respondents.

DOLLIVER, J.

The State challenges the dismissal by the trial court of one of two alternative counts of attempted first degree murder. The trial court found first degree murder by creation of a grave risk of death lacks the specific intent necessary to support the crime of attempt.

Defendants John E. Dunbar and Orville H. Smullen were charged with attempted first degree murder. The charges grew out of what was believed...

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