STATE v. HOVRUD

No. 13082-3-II.

60 Wn. App. 573 (1991)

805 P.2d 250

THE STATE OF WASHINGTON, Appellant, v. KURT HOVRUD, Respondent.

The Court of Appeals of Washington, Division Two.

February 22, 1991.


Attorney(s) appearing for the Case

Steward Menefee, Prosecuting Attorney, and Gerald R. Fuller, Deputy, for appellant.

Gary Williams, for respondent.


WORSWICK, C.J.

The State appeals an order in arrest of judgment (CrR 7.4), setting aside Kurt Hovrud's conviction for false swearing. RCW 9A.72.040. We affirm.

Hovrud allegedly lied under oath while being interrogated by his insurance company's lawyer, who was investigating Hovrud's fire loss claim. The examination under oath was required by a provision in Hovrud's standard form insurance policy.

RCW 9A.72.040 provides, in relevant part:

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