Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

State v. Delmarter

Supreme Court of Washington
618 P.2d 99 (1980)


Rodney Guy Delmarter (defendant) was observed by a pharmacist at a Warren’s Drug Store near the prescription counter walking around the shelves and magazine racks. The pharmacist then noticed Delmarter inside the pharmacy area crouched down on the floor near a camouflaged cash drawer containing about $1,800 where drugstore employees went to make change throughout the day. Immediately prior to Delmarter entering the pharmacy area, a drugstore employee had gone to the drawer to obtain change. Often, clerks would shout requests for change from one end of the store to the pharmacy area. When the pharmacist confronted Delmarter near the cash drawer, a struggle ensued and Delmarter fled with two companions. Delmarter was charged with simple assault and first-degree attempted theft. At trial Delmarter testified that he went to the drugstore to buy cough syrup, placed his change on the pharmacy counter, and some of it rolled off the counter onto the floor inside the pharmacy area. Delmarter was convicted of simple assault and first-degree attempted theft. After the jury returned its verdict, Delmarter moved for a new trial and/or to reduce the conviction to attempted theft in the third degree. Both motions were denied. Delmarter appealed only the first-degree attempted theft conviction. The court of appeals affirmed the conviction and Delmarter appealed to the Supreme Court of Washington.

Rule of Law


Holding and Reasoning (Dolliver, J.)

Dissent (Williams, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 409,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial