State v. Cook

Citations

• 113 Wash. 391
• 194 P. 401
• 1920 Wash. LEXIS 859

Syllabus

<p>False Pbetenses (6, 7) — Indictment and Information (34) — Certainty. An information for obtaining money by false pretenses sufficiently alleges the relationship between the parties by which accused was authorized to demand the payment made, where it alleged that the demand was for money expended in the construction of a house on behalf of the prosecuting witness.</p> <p>Same (6, 11) — Indictment and Information (32) — Matters of Defense. An information for obtaining money under false pretenses need not negative the defense that the prosecuting witness did not owe the money to the accused.</p> <p>Indictment and Information (99) — Variance — Ownership of Property. A wife’s interest in community property is sufficient to support a charge of obtaining money from her by false pretenses; in view of Rem. Code, § 2601, subd. 2, which provides that one who obtains from the owner or another the possession or title to any property, by color of false pretenses, . . . ' steals such property.</p> <p>False Pretenses (4) — Defenses—Debt Owino Accused. It is no defense to a prosecution for obtaining thirty dollars by the false pretenses of a contractor as to expenses he claimed to have incurred, that there was more than that much money owing to him on the contract.</p> <p>False Pretenses (8) — Trial—Instructions. In a prosecution for obtaining thirty dollars by the false pretenses of a contractor as to money claimed to have been expended, it is not error to fail to give an instruction, pursuant to Rem. Code, § 2602, that it is not larceny for a bailee or agent to retain his reasonable commission for making the collection; since that had no application to the case.</p> <p>Criminal Law (363) — New Trial (49) — Affidavits of Jurors— Impeachment of Verdict. A verdict of conviction of obtaining money by false pretenses cannot be impeached by the affidavits of jurors to the effect that the verdict was the result of a statement made in the jury room and of extraneous matters which were