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STATE v. CLAUSING

No. 70957-2.

56 P.3d 550 (2002)

The STATE of Washington, Respondent, v. Vernon CLAUSING, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 24, 2002.

Attorney(s) appearing for the Case

Nielssen, Broman & Associates, Eric Nielsen, James Dixon, David Koch, Seattle, for Petitioner.

Norm Maleng, King County Prosecutor, James Whisman, Deputy, Randi Austell, Deputy, Seattle, William Berg, Sandpoint, for Respondent.

SWEENEY, J.*

It is unlawful for any person to deliver a legend drug except upon prescription of a physician. RCW 69.41.030. Vernon Clausing is a defrocked osteopathic physician. He delivered a legend drug1 to a police agent. The State charged him with violating former RCW 69.41.030 (1994). The dispositive question is whether the jury instructions correctly...

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