STATE v. TUSS

No. 2953-2.

21 Wn. App. 80 (1978)

584 P.2d 421

THE STATE OF WASHINGTON, Appellant, v. NICHOLAS L. TUSS, Respondent.

The Court of Appeals of Washington, Division Two.

August 10, 1978.


Attorney(s) appearing for the Case

C. Danny Clem, Prosecuting Attorney, and Richard L. Peterson, Deputy, for appellant.

Jill A. Salmi, for respondent.


PEARSON, C.J.

The State appeals from an order granting a new trial to the defendant, Nicholas L. Tuss, who was convicted by a Kitsap County jury of delivery of a controlled substance (marijuana), a felony pursuant to RCW 69.50.401(a). The sole issue on appeal is whether the trial court abused its discretion in granting a new trial because of a defective jury instruction to which no exception was taken.

The reason for granting the new trial was that the elements...

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