BARKER V. STATE
599 P.2d 1349 (Wyoming 1979)
NATURE OF THE CASE: This was an appeal from a conviction of obtaining property by false pretenses.
FACTS: Barker (D) opened a checking account in a Wyoming bank. D falsely represented that he had $30,000 in a Montana bank. D had a Wyoming bank prepare a draft directing the transfer of the money from Montana. D then returned the next day to the Wyoming bank and cashed a check for $500 against his new account. The bank did not check to see if D had money in the Montana bank. D's draft was returned unpaid. D was convicted of obtaining property by false pretenses. D appealed: he should have been convicted under a Wyoming misdemeanor statute for using an insufficient funds check either to obtain property or in satisfaction of an obligation rather than a felony under the false pretenses statute. D contended that both laws proscribe the same act, and that because the false pretenses statute was enacted prior to the insufficient funds statute, it was impliedly repealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment