Avant v. United States

QUINN, Associate Judge.

Appellants were convicted by a jury of obtaining money from the complaining witness, one Fletcher, by falsely representing to him that certain repairs had been made and certain parts replaced in his automobile. 1

We will limit our comments on the evidence for it is our conclusion that the case must be retried. In September 1958 Fletcher took his automobile to the Credit Auto Repair Service to have specific repairs made. He conversed with appellant Avant concerning the work. The following day Avant called Fletcher and recommended additional work he considered necessary,…