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STATE v. CARROLL

No. 42180.

81 Wn.2d 95 (1972)

500 P.2d 115

THE STATE OF WASHINGTON, Appellant, v. CHARLES M. CARROLL et al., Respondents.

The Supreme Court of Washington, En Banc.

As amended by Order October 24, 1972

Attorney(s) appearing for the Case

Christopher T. Bayley, Prosecuting Attorney, Richard G. McBroom, Jr., Chief Special Deputy, and David Boerner, Chief Criminal Deputy, for appellant.

Carroll, Rindal & Shulman, Joel A.C. Rindal, Neal J. Shulman, Carkeek, Harris, Harris, Myers & Vertrees, John C. Vertrees, DeGarmo, Leedy, Oles & Morrison, Stuart G. Oles, Lee R. McNair, Murray B. Guterson, Malcolm L. Edwards, Jack E. Wetherall, Walthew, Warner, Keefe, Arron, Costello & Thompson, Thomas P. Keefe, Clinton, Moats, Andersen & Fleck, James A. Andersen, Kenneth O. Eikenberry, Kempton, Savage & Gossard, Anthony Savage, Lee, Carney, Smart & Bever, and Basil L. Badley, for respondents.

[As amended by order of the Supreme Court October 24, 1972.]

WRIGHT, J.

This is a direct appeal from the superior court. The state, acting through the prosecuting attorney of King County, appeals from a judgment of dismissal.

MATTERS RELIED ON BY TRIAL COURT

The trial court dismissed this prosecution upon two grounds: One that the grand jury lost its de jure existence in the evening of May 10, 1971, and, two, that the statute under which...

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