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STATE v. RICHMOND

No. 49688-9.

102 Wn.2d 242 (1984)

683 P.2d 1093

THE STATE OF WASHINGTON, Appellant, v. BYRON RICHMOND, Respondent.

The Supreme Court of Washington, En Banc.

July 5, 1984.

Attorney(s) appearing for the Case

Curtis Ludwig, Prosecuting Attorney, and William R. Platts and David Needy, Deputies, for appellant.

Dennis J. De Felice, for respondent.

UTTER, J.

The State filed this appeal asking for reversal of a trial court ruling that the criminal nonsupport statute, RCW 26.20.030(1)(b), is unconstitutionally vague. We agree with the trial judge that the statute is unconstitutionally vague under the due process clause of U.S. Const. amend. 14 because the "without lawful excuse" element has not been sufficiently clarified by statute or case authority. This holding is consistent with two recent rulings of this...

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