State v. Ermert

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 of Social and Health Services (DSHS) in writing should she have any change of income or resources.

Defendant thereafter began receiving public…