State v. Balliet

Citations

• 63 Kan. 707
• 66 P. 1005
• 1901 Kan. LEXIS 214

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>L Criminal Law — Obtaining Property by False Pretenses» On the trial of a person charged with obtaining property by means of false pretenses, it is not error, where the same is pertinent to the evidence, for the trial court to give the following instruction: “In order to find that the defendant obtained the goods and merchandise charged in the information, it is not necessary that you should find that he furnished the consideration for the transfer or that the title to such goods and chattels passed to or vested in him. It is sufficient if he obtained the possession or control of such goods and merchandise, or that such goods, and merchandise were delivered to another at his request or in accordance with his wishes.”</p> <p>2. -Elements of the Offense. In such case the law does does not make it an element of the offense that the property shall be obtained for the use and benefit of the person making the false pretenses, or that he shall intend to obtain it for himself.</p>