State v. Riddell

Citations

• 33 Wash. 324
• 74 P. 477
• 1903 Wash. LEXIS 525

Syllabus

<p>Criminal Law—Information—Prosecuting Attorney—Deputy. An information subscribed by a deputy prosecuting attorney is sufficient since, Bal. Code, § 6832, requiring informations to be subscribed by the prosecuting attorney, must be read in connection with the later act, Bal. Code, § 4756, providing that deputies shall have the same powers in all respects as their principals.</p> <p>False Pretenses—Attempts—Information—Sufficiency—Pretending Ownership of Certificate. An information charging an attempt to secure money from a bank on a duly endorsed certificate of deposit by falsely pretending ownership thereof, which if successful would have defrauded the payee of the amount of the certificate, states an offence under Bal. Code, § 7165, defining false pretenses, and Bal. Code, § 7437, making attempts to commit any crime punishable, and whether the attempt was successful or not is immaterial.</p> <p>Same—Failing to Allege Possession. Such an information is 'not objectionable for failing to allege that the accused was in possession of the certificate, where it is alleged that he falsely pretended to be its owner and bona fide purchaser for value.</p> <p>Same—Evidence—Sufficiency to Sustain Conviction for Attempt to Defraud by False Pretensesi. There is sufficient evidence to, sustain a conviction for attempting to obtain money by false pretenses, when it appears that the defendant early in the morning presented for payment at a bank a certificate of deposit that had on the same day been fraudulently secured by others in a bunco game, and which was duly endorsed by the payee, who was still the owner, that defendant claimed to be the owner for value at the time it was presented, but afterwards made a written statement disclaiming any interest in it, and made other contradictory statements concerning the description of the man from whom he claimed to have obtained it, bearing upon defendants fraudulent intent and guilty knowledge; and the presentation at the bank under cl