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STATE v. ERMERT

No. 47123.

94 Wn.2d 839 (1980)

621 P.2d 121

THE STATE OF WASHINGTON, Respondent, v. NANCY ANN ERMERT, Petitioner.

The Supreme Court of Washington, En Banc.

December 11, 1980.

Attorney(s) appearing for the Case

Richard W. Swanson, for petitioner.

Norm Maleng, Prosecuting Attorney, and Christopher A. Washington, Deputy, for respondent.

Randy Beitel, Patrick H. McIntyre, and Gerald R. Tarutis on behalf of Peoples Welfare Rights Organization, amicus curiae.

HOROWITZ, J.

This case concerns a prosecution for welfare fraud pursuant to RCW 74.08.331. As set forth below, it is clear that the facts elicited at trial of this case would not support a conviction under RCW 74.08.331. We therefore reverse the defendant's conviction.

Defendant Nancy Ann Ermert first applied for public assistance on October 27, 1971. On application, she signed a "rights and responsibilities form" that stated she must promptly notify the Department...

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