People v. Wieger

Citations

• 100 Cal. 352
• 34 P. 826
• 1893 Cal. LEXIS 798

Syllabus

<p>Criminal Law—Obtaining Goods Under False Pretenses—False Pretense oe Solvency—Intention to Pay Immaterial.—Where a person obtains goods of another upon the representation that he has a large cash capital and owes nothing, whereas, in fact, he is virtually insolvent, he is guilty of the crime of obtaining goods by false and fraudulent representations; and the fact that he obtains the goods with the honest intention of paying for them according to the contract of sale, and truly believes that he will be able to do so, does not take the case out of the statute.</p> <p>Id.—Evidence—Proceedings in Voluntary Insolvency—Deposition— Admission oe Knowledge oe Insolvency.—Upon the trial of a defendant charged with obtaining goods by false and fraudulent representations, where it appears that he represented that he had a large cash capital and owed nothing, his deposition taken in proceedings in voluntary insolvency prior to the bringing of the criminal charge against him, in which he admitted that at the time when he made the representations in question he was virtually insolvent, is admissible in evidence to show that the representations were false, and that the defendant knew it.</p> <p>Id.—Voluntary Admissions oe Witness in Civil Case.—Voluntary admissions made by a witness in a civil case, when he is not in custody and. has not been charged with a criminal oEense, are competent evidence against him in a criminal prosecution subsequently inaugurated against him.</p> <p>Id.—Failure to Object to Incrimination.—Statements of a witness in an action are voluntary, if he might have objected to answering the questions which elicited them, on the ground that to do so would criminate him, and failed to make such an objection</p>