Fitzgerald v. State

I would have reversed because the proofs of the necessary mental elements and the complaining witness’ reliance were made with respect to different misrepresentations.

In this case, the State has proved no misrepresentation which resulted in whole or in part in the complaining witness’ decision to part with her money and which was made with defendant’s knowledge of its falsity.

The elements of the crime of obtaining property by false pretenses, recently enunciated by this court in Driver v. State, Wyo., 589 P.2d 391, 393, are: “(1) the pretenses; (2) their falsity; (3) the fact of obtaining the…