Ballaine v. District Court of First Judicial District for Box Elder County

I am unable to agree with the majority in holding that the information alleges facts showing the commission of the crime of obtaining money or property by false representations. That a failure to make good a representation purely promissory in character is not a violation of Sec. 103-18-8, U. C. A. 1943, this court held in State v. Howd, 55 Utah 527, 188 P. 628. See also eases cited in 85 C. J. S., False Pretenses, 646, § 8; and 25 C. J. 590. And see reason suggested for the rule at page 452 of 22 Am. Jur. and cases there cited. The majority court here is in accord, but hold that the…