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STATE v. RIEGER

No. 47255-6.

96 Wn.2d 546 (1981)

637 P.2d 236

THE STATE OF WASHINGTON, Respondent, v. DENNIS W. RIEGER, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

December 10, 1981.

Attorney(s) appearing for the Case

Ronald A. Hammett, Bannister, Bruhn, Cuningham & Clark, by John R. Cuningham, and Angevine & Johnson, by Earl F. Angevine, for petitioners.

C. Thomas Moser, Prosecuting Attorney, for respondent.

DOLLIVER, J.

Dennis W. Rieger, Margaret J. Rodriquez and Edwin A. Deveny were convicted by a jury of attempted burglary in the second degree. The jury also returned a special verdict finding that all three defendants were armed with, or in possession of, a firearm at the time of the commission of the attempt. RCW 9.41.025. After hearings on the defendants' motions for a new trial, the trial court struck the special verdict on the ground that there was insufficient...

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