4 Wn. App. 212, THE STATE OF WASHINGTON, Respondent, v. DAVID S. NASS, Appellant

[No. 202-2. Division Two. Court of Appeals      February 3, 1971.]

THE STATE OF WASHINGTON, Respondent, v. DAVID S. NASS, Appellant.

Appeal from a judgment of the Superior Court for Pierce County, No. 36628, William L. Brown, Jr., J., entered January 23, 1970. Reversed.

Prosecution for violation of the Uniform Narcotic Drug Act. Defendant appeals from a conviction and sentence.

Samuel J. Allotta, for appellant.

Ronald L. Hendry, Prosecuting Attorney, and Joseph D. Mladinov, for respondent.

PER CURIAM. -

David S. Nass was convicted of the crime of unlawful sale of narcotics-marijuana. The parties have stipulated that the decisions in State v. Williams, 78 Wn.2d 459, 475 P.2d 100 (1970); and State v. Zornes, 78 Wn.2d 9, 475 P.2d 109 (1970) are controlling and require reversal and dismissal. We agree. For the reasons set forth in those decisions, the judgment in this case is reversed and the action dismissed.