State of Washington v. Massey

Citations

• 95 Wash. 1
• 163 P. 7
• 1917 Wash. LEXIS 753

Syllabus

<p>Fraud — Offenses—False Advertising. An advertisement that a piano “was $400, now $200,” does not sustain a charge of falsely advertising the market value to be $400 when it never was that amount; since it plainly refers to the retail selling price.</p> <p>Same — False Advertising — Complaint—Sufficiency. An advertisement that the market value of a piano “was $400, now $200,” would not be a violation of Rem. Code, § 2622-1, prohibiting false advertising that tends to “deceive or mislead” or induce the public to purchase merchandise; since to falsely advertise that the market value had depreciated fifty per cent would not reasonably deceive the public.</p> <p>Same — Offenses—False Advertising — Pleading and Proof — Variance. A charge of false advertising by misrepresenting the market value of pianos which did not set out the advertisement but pleaded its legal effect, tried out on that theory, cannot be sustained on appeal as a charge of falsely representing the retail selling price.</p> <p>Criminal Law — Defects in Complaint — Motion in Arrest. Where a charge plainly fails to state an offense, the objection is properly raised by motion in arrest of judgment.</p>