State v. Langworthy

This appeal turns on the question whether a charge of conspiracy to deliver a controlled substance will lie against the deliverer and the intended recipient where no third person is involved in the alleged agreement. We hold the conspiracy charge will not lie, reverse the trial court and dismiss the charge against petitioners.

Petitioners Neil and Ellen Langworthy are brother and sister-in-law. At the time of the alleged offense Neil was serving a term in the Skagit County Jail. On April 2, 1976, Ellen visited Neil at the jail and gave him a pack of cigarettes and offered to give him $5 to buy…