State v. Mathes

Citations

• 108 Kan. 488
• 196 P. 607
• 1921 Kan. LEXIS 204

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Obtaining Property by False Pretenses — Sufficiency of Information. The information sufficiently charged the crime of obtaining property by false and fraudulent representations.</p> <p>2. Same. The information sufficiently charged that false representations were made as to existing facts and not wholly relating to future promises.</p> <p>3. Same. The facts narrated in the information and supported by the evidence were sufficient to establish the crime of obtaining property by false and fraudulent representations as to existing facts. '</p> <p>4. Same — Obtaining Property by False Pretenses — Instructions. The trial court’s refusal to instruct the jury as requested by defendant was not error.</p> <p>5. Same. The instructions given by the court examined, and held to be correct statements of pertinent law.</p> <p>6. Same. Instructions intended to advise the jury what were material statements of fact, which, if proven to have been falsely made, would justify a conviction, examined, and held to be correct and pertinent.</p> <p>7. Same — Evidence of Other Transactions Competent. Evidence of other transactions set on foot by defendant, similar to the one for which defendant was being prosecuted, were competent to show that defendant was well aware of what .he was doing, to show his usual method of business, and to show his deliberately willful and guilty intent to falsify for the purpose of defrauding the complaining witness.</p> <p>8. Same — Value of Property Obtained, by False Pretenses. It needs no formal evidence to prove that five new Maxwell automobiles and six other used cars of various kinds were worth in the aggregate over $20, and a defendant who fraudulently obtained them by false pretenses is guilty of a felony.</p>