STATE v. STROMBERGER, 152 Wn. 699 (1929)

277 P. 1119

THE STATE OF WASHINGTON, Appellant, v. PETE STROMBERGER, Respondent.

No. 21659. Department Two.The Supreme Court of Washington.
May 27, 1929.

Appeal from an order of the superior court for Adams county, Truax, J., entered June 18, 1928, granting a new trial after a trial and conviction. Affirmed.

Richard B. Ott, for appellant.

Miller Freese, for respondent.

PER CURIAM.

Respondent was arrested, tried and convicted on an information filed in the superior court. Motion for a new trial was made on the following grounds: First, errors in law occurring at the trial and excepted to by the defendant; second, that the verdict was contrary to the law and the evidence. Defendant’s motion for a new trial being granted, this appeal follows.

We have in this case the same situation as arose in the case of State v. Pavelich, 150 Wn. 411, 273 P. 182.

On the authority of that case, it is conceded that the judgment must be affirmed.

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