State v. Phillips

Defendant was convicted after trial by jury of three counts of welfare fraud in violation of 33 V.S.A. §§ 2581(a) and 2583(a), and subsequently filed a timely notice of appeal. We reverse.

On or about June 16, 1978, defendant applied to the Vermont Department of . Social Welfare (DSW) for welfare assistance for herself and her two children. As part of the application process, defendant was required to fill out a disclosure form as to whether she was receiving child support from her husband, as well as a form asking her agreement to report any subsequent change of circumstances, such as recent…