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STATE v. SAM

Nos. 43488, 43489.

85 Wn.2d 713 (1975)

538 P.2d 1209

THE STATE OF WASHINGTON, Appellant, v. GILBERT M. SAM et al, Respondents.

The Supreme Court of Washington, En Banc.

August 14, 1975.

Attorney(s) appearing for the Case

Robert E. Schillberg, Prosecuting Attorney, and Ruth Ellen Wagner, Deputy, for appellant.

James D. Sherman and Peter G. Rothschild, for respondents.

Christopher T. Bayley, King County Prosecuting Attorney, and Brian D. Gain, Deputy; Jeremy Randolph, Lewis County Prosecuting Attorney, and Charles R. Byrd, Chief Deputy; Robert T. Farrell, amici curiae.

ROSELLINI, J.

The defendants in these two cases were charged under RCW 9.54.020 with the offense of taking a motor vehicle without the permission of the owner, a felony under the statute. In each case, the defendant moved to dismiss upon the ground that statutes applicable to the conduct which constituted the offense deny equal protection of the laws; and in each case the motion was granted. A consolidated appeal directly...

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