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STATE v. KITCHEN

Nos. 10755-8-III; 10576-8-III.

61 Wn. App. 915 (1991)

812 P.2d 888

THE STATE OF WASHINGTON, Respondent, v. JAMES LEROY KITCHEN, Appellant. THE STATE OF WASHINGTON, Respondent, v. JERRY ROGER KITCHEN, Appellant.

The Court of Appeals of Washington, Division Three.

July 16, 1991.

Attorney(s) appearing for the Case

Rick L. Hansen and Rakow & Hansen, for appellants.

Gerald A. Matosich, Prosecuting Attorney, for respondent.

THOMPSON, J.

Jerry Roger Kitchen was found guilty on December 21, 1989, of delivery of a controlled substance, cocaine. On February 12, 1990, James Leroy Kitchen was found guilty of the same crime. In these consolidated appeals, they challenge for the first time the sufficiency of the informations charging them with these offenses. We reverse because the informations did not allege a nonstatutory element of the offense: that the defendants acted with guilty knowledge...

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