State v. Ryan

Citations

• 34 Wash. 597
• 76 P. 90
• 1904 Wash. LEXIS 390

Syllabus

<p>Criminal Law — False Pretenses — Information—Sufficiency —Stating Facts in Language of Statute. In a prosecution for obtaining money by false pretenses, an information is sufficient where it sets out in the language of the statute that the defendant obtained from one H the sum of $20, the property of H, by unlawfully, feloniously, etc., pretending to the agent of H that a certain paper, purporting to be a bank bill on a certain bank, was a good and valid bill of the value of $20, whereas it was, as defendant well knew, a false token and was of no value, since a statement in the language of the statute defining the crime is sufficient where the statute states the facts so that the defendant may have notice of that with which he is charged; and it is not necessary to allege the means used or in what particulars the token was false.</p> <p>Same — Description of Bank Note. The bank note is sufficiently described without setting it out in Tiaec verba, where its nature, character, and contents are stated.</p> <p>Same — Reliance Upon False Pretenses. In such a case it is unnecessary to allege that the false pretenses werq relied upon, where it is alleged that the property was obtained by means thereof.</p> <p>Same — Alleging Value of Monet. Nor is it necessary to allege the value of the twenty dollars.</p> <p>Criminal Daw — Excessive Sentence — Not Reviewed in Absence of Evidence. Where the evidence is not brought up, the court will not consider an objection that the sentence is excessive, although, it appears that the jury recommended the defendant to the mercy of the court.</p>