Finlay v. State

THOMAS, J.:

The appellant and a confederate were convicted of obtaining money under false pretenses, a crime denounced by Section 7258, C.G.L., 1927 (817.01, Florida Statutes, 1941).

Inasmuch as the questions presented for decision by the Court challenge the sufficiency of the evidence to establish “a false representation of a past or present existing fact” and question the propriety of the Court’s denial of two instructions bearing out that theory we will, at the outset, give a brief history of the transaction which gave rise to this prosecution.

The appellant and his companion entered into an…