State v. Reiff

Citations

• 14 Wash. 664
• 45 P. 318
• 1896 Wash. LEXIS 432

Syllabus

<p>CRIMINAL LAW — FORMER ACQUITTAL — FALSE PRETENSES — WHAT CONSTITUTES— WHAT SUBJECT TO LARCENY BY FALSE PRETENSE.</p> <p>The fact that a defendant has been discharged before verdict upon a prosecution for larceny of certain property by fraudulently and falsely personating another is not a bar to a subsequent prosecution for obtaining the property under false pretenses, when the first discharge resulted from a variance between the information and the proof.</p> <p>The constitutional prohibition against placing a person twice in jeopardy for the same offense is not violated by a second prosecution of one for a separate and distinct offense based upon a different statute, the penalty prescribed for the violation of which is different from that imposed by the statute under which the first information was laid, although the acts upon which the two prosecutions are based may have been the same.</p> <p>A lady’s beaver shoulder cape is the subject of larceny by false pretense, under Penal Code, §234, classifying as such subjects “ any money, transfer, note, bond, or receipt, or thing of value.”</p> <p>The statute punishing the obtaining of property “ by color of any false token or writing, or any false pretense” does not restrict the false pretense to one in the nature of a “token or writing.”</p>