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STATE v. GALLAGHER

No. 1873-2.

15 Wn. App. 267 (1976)

549 P.2d 499

THE STATE OF WASHINGTON, Appellant, v. PATRICK J. GALLAGHER, Respondent.

The Court of Appeals of Washington, Division Two.

As amended April 19, 1976.

Attorney(s) appearing for the Case

Donald F. Herron, Prosecuting Attorney, Quinby R. Bingham, Special Assistant, and Michael Cesarano, Assistant, for appellant.

John J. O'Connell and William E. Cullen, Jr., for respondent.

[As amended by the Court of Appeals April 19, 1976.]

PETRIE, C.J.

The State of Washington has appealed an order dismissing a six-count information entered after the special assistant prosecutor concluded his opening statement to the jury at the commencement of trial. We affirm the order of dismissal with prejudice as to counts 2 through 6. The dismissal as to count 1 is affirmed in part and reversed in part.

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