Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1955 NO. 123 > Aug 1 1955

1. The crime of fraudulently obtaining public assistance must be charged under RCW 74.08.330 in the public assistance title. 2.  That crime may not be punished as a grand larceny, but only as a gross misdemeanor.

AGO 1957 NO. 137 > Dec 4 1957

Prior to the expiration of the maximum term, the court has the authority to revoke or modify a probation granted when imposition of sentence was deferred, even though the probationary period specified in the court's order has expired.

AGO 1955 NO. 150 > Oct 26 1955

RCW 74.08.055 defines a specific crime for verifying by a written declaration made under penalty of perjury any application, statement, or other paper which he does not believe to be true and correct as to every material matter, and makes it a felony which is punishable by imprisonment for not more than 10 years or by a fine of not more than $5,000, or by both such fine and imprisonment.

AGO 1962 NO. 187 > Dec 27 1962

(1) A court may dismiss a conviction of a felony and discharge a defendant who has been granted probation pursuant to chapter 227, Laws of 1957, where the execution of a sentence had been suspended. (2) There is no conflict between RCW 9.92.060 and RCW 9.95.200.  The probation procedure (RCW 9.95.200) is available after conviction of any crime and the suspended sentence procedure in RCW 9.92.060 is available whenever any person has been convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, carnal knowledge of a female child under age of 10 or rape. (3) The provision in RCW 9.92.060 which provides that a probationer shall be placed under the charge of a parole officer who is the duly appointed and acting officer of the institution to which the person is sentenced is mandatory and cannot be ignored.

AGO 1954 NO. 293 > Aug 2 1954

1.   A hunter who lawfully shoots a game animal acquires a vested legal right in such animal provided he continues to manifest an immediate intention to possess it by exercising actual physical possession and by tagging.  2.   Where a second hunter shoots and tags a dying animal bagged by another while the first hunter is attempting to reduce it to possession, the second hunter is guilty of larceny if all other elements of the crime are present.