State v. Calongne

Citations

• 111 Kan. 332
• 206 P. 1112
• 1922 Kan. LEXIS 240

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Sale of Oil Stock — False and Fraudulent Representations— Evidence of Intent. In a criminal prosecution charging the mailing of false and fraudulent representations to the effect that an oil company was then actually paying its stockholders a dividend of 30 per cent per annum from production, the defendant offered evidence to show certain representations made to him to induce him to become interested in the oil company, and to become an agent for the sale of the stock. Held, it was error to sustain an objection to a question calling for a statement made to him concerning the amount of oil a certain well belonging to the company had produced. .Where the material fact to be ascertained is the motive, intent or belief of a person, he may testify thereto directly in connection with his testimony showing the circumstances and facts which induced the intent or belief. (Bowers v. Railway Co., 82 Kan. 95,107 Pac. 777. See, Gardom v. Woodward, 4A Kan. 758, 25 Pac. 199, and cases cited in the opinion.)</p> <p>2. Same — Evidence—Original Telegrams. Whether the copy of a telegram filed with a telegraph company for transmission or the copy received at the point of destination is to be considered as the original, depends entirely upon circumstances. Where the defendant offered in evidence certain telegrams received by him which he claimed induced him to believe that an oil company’s affairs were prospering, and that the company was engaged in a bona fide business, it was error to refuse to admit in evidence as originals the copies received by1 him in the regular course from the telegraph company, the real question being not whether they were sent by the person whose name appeared signed to them, but whether the appellant received them, and whether he believed they were genuine and contained statements upon which he could rely.</p>