Swanson, J.
Nancy Ann Ermert appeals her conviction of grand larceny. RCW 74.08.331.1 The State's amended [684]*684information charged that Ermert, a recipient of Aid to Families with Dependent Children (AFDC), committed welfare fraud
by means of a willful false statement or representation or willful failure to reveal any material fact, as required by law or a willful failure to promptly notify the county office in writing of any change in status or any other change in circumstances which affect[s] . . . eligibility, as required by law,. . .
The essence of the charge was that Ermert failed to disclose resources or income as required by RCW 74.04.3002 by not revealing to the Department of Social and Health Services the existence of funds in a trust account Ermert had established in her sister's name and by not disclosing that she had unencumbered title to an automobile paid for in part with money from the trust account. The jury returned a verdict of guilty, and we affirm.
[685]*685The facts are as follows: On October 27, 1971, Ermert applied for public assistance. The application included a rights and responsibilities form which stated in part:
You have the Responsibility to—
Provide correct and complete information in your Public Assistance Application.
. . . Notify the Department promptly in writing of any change in your situation which occurs while you are receiving or have an application pending for Public Assistance benefit, regarding—
Any change in income or resources such as any gifts or property.
Any change of address.
When you buy or sell any property, including automobiles, homes, life insurance, bonds, etc.—
And any other change in your situation.
While receiving assistance Ermert was required periodically to complete eligibility review forms covering all eligibility factors, including income, bank accounts, and vehicles. On each of the five review forms introduced at trial, Ermert's signature appears below a statement which reads in part: "I understand that it is my duty to report immediately to the local office any changes in my income, resources, or living arrangements."
On November 7,1973, Ermert set up the trust account in question. She named her sister, Janet Lee, as trustee so she would not have easy access to the money. Ermert's purpose for the account, however, was to save for a car or a down payment on a house. Ermert made all the deposits to the account, and between November 1973 and August 1975, saved approximately $1,400.
On August 27, 1975,. Ermert closed the trust account and used $1,373 as partial payment for a new Toyota. The balance of the purchase price was paid with $1,200 Ermert borrowed from Seattle-First National Bank, trade-in on her old car, and money borrowed from friends. There is some confusion in the record, but receipts from the Toyota [686]*686dealer show that in late August or early September Ermert paid $2,300 toward the car, and that she paid the balance of $1,200 on September 17, 1975.
The existence of the trust account was never reported. On the four eligibility review forms she completed after the trust account was opened, she left blank the question regarding "money held for you by others." The record fails to disclose when she paid the Seattle-First loan, but in briefs submitted to this court, Ermert indicates she repaid the loan in March or April of 1976. However, on a review form completed July 1, 1976, Ermert stated she still owed $1,500 on the car. There was evidence that the amount of the trust account and the equity in the car put Ermert over the resource limits for a family of three receiving public assistance contained in WAC 388-28-430.3
Ermert's explanation at trial for the trust account was that it contained savings from her public assistance grant. She said she felt a "resource" as used in the eligibility review forms meant money earned or acquired by gift. She maintained that she never intended to defraud the State. The trial court instructed the jury on the nine elements of civil fraud as well as the elements of the crime charged.
Ermert's first claims of error do not involve any action of the trial court. Her contention is that the court erred in the "categorization of funds she was able to save as income or resources." It was a question of fact for the jury, however, whether the money in the trust account was saved by Ermert from her grant. The trial court did not in any way [687]*687categorize the money as income or resources, and there is nothing for this court to review.
Ermert next argues that the trial court erred in giving instruction No. 3, the "to convict" instruction.4 She claims the instruction was erroneous because it did not allow her to argue her theory of the case, i.e., that a welfare, recipient has no duty to report savings from public assistance. This contention fails because it adopts as a major premise a fact at issue — whether the money was, indeed, saved from the grant. Ermert proposed no instruction squarely presenting this factual issue to the jury, but she was free to argue below, and did argue, that she saved the [688]*688money from her public assistance grant. On appeal she proceeds on the basis that her evidence was uncontro-verted. The jury, however, was not required to accept her explanation that she saved the money. There was evidence from which the jury could have found that Ermert was not credible.5 In addition, no error can be predicated upon the failure of the trial court to give an instruction when no request for an instruction is made. State v. Hanson, 20 Wn. App. 579, 581 P.2d 589 (1978). It is also the rule that an exception to an instruction must be sufficiently particular to apprise the court of the grounds of the objection. See State v. Warwick, 16 Wn. App. 205, 555 P.2d 1386 (1976). The record shows that counsel for Ermert excepted to instruction No. 3 because he believed there existed a lesser included offense of which Ermert might be found guilty. The. record also reveals that counsel failed to offer a proposed instruction.6 Because the contention that the instruction prevented Ermert from arguing her theory of the case was not presented to the trial court by way of exception or [689]*689inclusion in a proposed instruction, we will not consider it on appeal. State v. Warwick, supra.7
By this discussion we do not intend to imply that had Ermert saved the money from the grant she would have had no duty to report it. That question will be decided when properly raised.
The issue of the correctness of the "to convict" instruction is also raised by the Peoples Welfare Rights Organization as amicus curiae.
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Swanson, J.
Nancy Ann Ermert appeals her conviction of grand larceny. RCW 74.08.331.1 The State's amended [684]*684information charged that Ermert, a recipient of Aid to Families with Dependent Children (AFDC), committed welfare fraud
by means of a willful false statement or representation or willful failure to reveal any material fact, as required by law or a willful failure to promptly notify the county office in writing of any change in status or any other change in circumstances which affect[s] . . . eligibility, as required by law,. . .
The essence of the charge was that Ermert failed to disclose resources or income as required by RCW 74.04.3002 by not revealing to the Department of Social and Health Services the existence of funds in a trust account Ermert had established in her sister's name and by not disclosing that she had unencumbered title to an automobile paid for in part with money from the trust account. The jury returned a verdict of guilty, and we affirm.
[685]*685The facts are as follows: On October 27, 1971, Ermert applied for public assistance. The application included a rights and responsibilities form which stated in part:
You have the Responsibility to—
Provide correct and complete information in your Public Assistance Application.
. . . Notify the Department promptly in writing of any change in your situation which occurs while you are receiving or have an application pending for Public Assistance benefit, regarding—
Any change in income or resources such as any gifts or property.
Any change of address.
When you buy or sell any property, including automobiles, homes, life insurance, bonds, etc.—
And any other change in your situation.
While receiving assistance Ermert was required periodically to complete eligibility review forms covering all eligibility factors, including income, bank accounts, and vehicles. On each of the five review forms introduced at trial, Ermert's signature appears below a statement which reads in part: "I understand that it is my duty to report immediately to the local office any changes in my income, resources, or living arrangements."
On November 7,1973, Ermert set up the trust account in question. She named her sister, Janet Lee, as trustee so she would not have easy access to the money. Ermert's purpose for the account, however, was to save for a car or a down payment on a house. Ermert made all the deposits to the account, and between November 1973 and August 1975, saved approximately $1,400.
On August 27, 1975,. Ermert closed the trust account and used $1,373 as partial payment for a new Toyota. The balance of the purchase price was paid with $1,200 Ermert borrowed from Seattle-First National Bank, trade-in on her old car, and money borrowed from friends. There is some confusion in the record, but receipts from the Toyota [686]*686dealer show that in late August or early September Ermert paid $2,300 toward the car, and that she paid the balance of $1,200 on September 17, 1975.
The existence of the trust account was never reported. On the four eligibility review forms she completed after the trust account was opened, she left blank the question regarding "money held for you by others." The record fails to disclose when she paid the Seattle-First loan, but in briefs submitted to this court, Ermert indicates she repaid the loan in March or April of 1976. However, on a review form completed July 1, 1976, Ermert stated she still owed $1,500 on the car. There was evidence that the amount of the trust account and the equity in the car put Ermert over the resource limits for a family of three receiving public assistance contained in WAC 388-28-430.3
Ermert's explanation at trial for the trust account was that it contained savings from her public assistance grant. She said she felt a "resource" as used in the eligibility review forms meant money earned or acquired by gift. She maintained that she never intended to defraud the State. The trial court instructed the jury on the nine elements of civil fraud as well as the elements of the crime charged.
Ermert's first claims of error do not involve any action of the trial court. Her contention is that the court erred in the "categorization of funds she was able to save as income or resources." It was a question of fact for the jury, however, whether the money in the trust account was saved by Ermert from her grant. The trial court did not in any way [687]*687categorize the money as income or resources, and there is nothing for this court to review.
Ermert next argues that the trial court erred in giving instruction No. 3, the "to convict" instruction.4 She claims the instruction was erroneous because it did not allow her to argue her theory of the case, i.e., that a welfare, recipient has no duty to report savings from public assistance. This contention fails because it adopts as a major premise a fact at issue — whether the money was, indeed, saved from the grant. Ermert proposed no instruction squarely presenting this factual issue to the jury, but she was free to argue below, and did argue, that she saved the [688]*688money from her public assistance grant. On appeal she proceeds on the basis that her evidence was uncontro-verted. The jury, however, was not required to accept her explanation that she saved the money. There was evidence from which the jury could have found that Ermert was not credible.5 In addition, no error can be predicated upon the failure of the trial court to give an instruction when no request for an instruction is made. State v. Hanson, 20 Wn. App. 579, 581 P.2d 589 (1978). It is also the rule that an exception to an instruction must be sufficiently particular to apprise the court of the grounds of the objection. See State v. Warwick, 16 Wn. App. 205, 555 P.2d 1386 (1976). The record shows that counsel for Ermert excepted to instruction No. 3 because he believed there existed a lesser included offense of which Ermert might be found guilty. The. record also reveals that counsel failed to offer a proposed instruction.6 Because the contention that the instruction prevented Ermert from arguing her theory of the case was not presented to the trial court by way of exception or [689]*689inclusion in a proposed instruction, we will not consider it on appeal. State v. Warwick, supra.7
By this discussion we do not intend to imply that had Ermert saved the money from the grant she would have had no duty to report it. That question will be decided when properly raised.
The issue of the correctness of the "to convict" instruction is also raised by the Peoples Welfare Rights Organization as amicus curiae. The amicus contends the instruction is flawed because it did not tell the jury that to convict it must find that Ermert obtained public assistance by means of a willfully false statement or representation. See State v. Walters, 8 Wn. App. 706, 508 P.2d 1390 (1973). The test, however, is whether the instructions, taken as a whole, properly inform the jury of the law. Sherk v. Redding, 7 Wn. App. 867, 503 P.2d 131 (1972). Here, the defendant herself insisted that the civil fraud instruction be given.8 Elements of civil fraud include that the representation be material and false and that the speaker have [690]*690knowledge of such falsity. The fraud instruction also clearly referred to instruction No. 3 by telling the jury that the State had the burden of proving fraud as used in instruction No. 3. The jury could be left with no doubt that to convict Ermert it must find that any representations or statements by which she obtained or attempted to obtain public assistance were false.
The amicus raises other issues, some of which we are tempted to address. Principally, the amicus argues that a recipient of public assistance is not "required by law," within the meaning of RCW 74.08.331 and 74.04.300 to report savings from the grant. As with Ermert's contention that the trial court erred in categorizing money saved from public assistance as income or a resource, this argument presupposes that the money in the trust account was, in fact, saved from Ermert's grant. No instruction was requested allowing the jury to pass on this factual issue, and no instruction was requested to inform the fact finder of the defense theory that money saved from the grant need not be reported. We decline the invitation to pass on questions that are not properly presented and which need not be resolved to decide the case before us.
Finally, Ermert makes several arguments in her pro se briefs. We have reviewed them and find them to be without merit, but we wish to address two of her contentions. First, she states that the restitution ordered exceeds the amount she actually received during the time covered by the information. We can find nothing in the record by way of testimony or exhibits to support this contention. Lastly, Ermert states emphatically that she never intended to defraud the State. We note that the jury was instructed that the making of a false representation becomes a criminal act only when accompanied by a fraudulent intent. Thus, the issue of Ermert's intent was properly presented, [691]*691and we cannot substitute our judgment for that of the jury.9
Affirmed.
James, A.C.J., and Williams, J., concur.
Reconsideration denied May 22,1980.
Review granted by Supreme Court August 15,1980.