State v. Seger

Defendant Seger appeals from jury verdicts of guilty to two counts of an information charging him with the willful, malicious and unlawful injury to personal property—a gross misdemeanor.

The controlling issue presented is whether the defendant was properly charged with a gross misdemeanor under RCW 9.61.070, or whether he should have been charged, instead, with a misdemeanor under RCW 9.61.040.

Section 407 of chapter 249, Laws of 1909 (RCW 9.61.040) provides:

Sec. 407. Injury to Property.

Every person who shall wilfully—. . . [d]estroy or damage, with intent to prevent or delay the use thereof,…