State v. Briggs

Citations

• 74 Kan. 377
• 86 P. 447
• 1906 Kan. LEXIS 72

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Obtaining Money by False Pretenses — Information. An information which charged that the defendant obtained a draft for money as a commission for a loan on a farm by the false and fraudulent pretenses that he was an agent engaged in loaning money on farms,' and that he had . much property and was financially responsible, and had a large amount of money under his control, was not bad because it failed to state whether the application of the borrower for the loan was oral or written; and no error was committed- in denying a motion to make the information more definite and certain in that respect.</p> <p>2. -Representation Amounting to a False Pretense. A representation that a person is in a business or situation in which he is not, made for the purpose of defrauding another, and by which money or property is fraudulently obtained, is a false pretense.</p> <p>3. - Coupling Future Promise with a False Pretense. The coupling of a future promise with a false pretense does not relieve the false pretense of its criminal character.</p> <p>4. -Evidence — Knowledge of Falsity and Guilty Intent. Testimony that the defendant had made similar false representations and pretenses to others is admissible to show his knowledge of the falsity of the representations made in the present case and his guilty intent in making them.</p>