State v. Nash

Citations

• 110 Kan. 550
• 204 P. 736
• 1922 Kan. LEXIS 94

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Obtaining Property by False Pretenses. While the statute providing for punishment of false pretenses (Gen. Stat. 1915, § 3467) does not cover that form of dissembling known as “puffing,” .a false representation, designedly made to cheat and defraud and having that effect, is a false pretense. »</p> <p>2. Same — Investigation of Truth of False Representations. One to whom false representations are made is under no obligatipn to institute an independent investigation of the truth of the representations.</p> <p>3. Same — False Pretenses — Expression of Opinion — Assertion of Values — Questions for Jury. Generally, an expression of opinion, understood to be such, is not a false pretense. Whether or not an assertion of value is to be regarded as an expression of opinion, depends on circumstances. If made with the design that it shall be accepted and acted on as a statement of existing fact, it may be so regarded. Whether or not it should be so regarded, is a question for the jury.</p> <p>4. Same — False Pretense — Reliance Upon the False Representations. In a prosecution for false pretense, absurdity of the representations charged may be relevant to the question- whether the complainant relied on them and was</p> <p>- deceived, but absurdity is no defense if, other elements of the offense being present, the complainant was deceived.</p> <p>5. Same — Evidence of Similar False Representations Made to Others. The . rule permitting evidence of similar false representations to be introduced in a prosecution for false pretense, does not require the evidential representations to be precisely the same as the pretense charged.</p> <p>6. Same — Certain Assignments of Error Without Substantial Merit. Assignments of error relating to refusal to quash the information, admission in evidence of similar false pretenses, instructions refused, instructions given', sufficiency of the evidence to sustain the verdict', and other subjects, co