STATE v. SMITH

No. 56591-1.

115 Wn.2d 434 (1990)

798 P.2d 1146

THE STATE OF WASHINGTON, Respondent, v. JOHN P. SMITH, Petitioner.

The Supreme Court of Washington, En Banc.

October 25, 1990.


Attorney(s) appearing for the Case

Bertha B. Fitzer, for petitioner.

Patrick D. Sutherland, Prosecuting Attorney, and Gary R. Tabor, Chief Criminal Deputy, for respondent.


DOLLIVER, J.

On December 20, 1985, defendant John P. Smith contacted MicroFocus, Incorporated and inquired into purchasing a software package called "Professional Cobal". At the time, defendant was a student at The Evergreen State College (TESC). After MicroFocus informed defendant he could not examine the software free of charge, he agreed to purchase it c.o.d. The marketing representative who took defendant's order testified that defendant represented himself as...

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