People v. Buskirk

Defendants were convicted by jury verdict of obtaining money under false pretenses in violation of MCLA 750.218; MSA 28.415. Each defendant was sentenced to one year probation, fined $150 and ordered to pay $60 in restitution for this offense constituting a misdemeanor.

The defendants challenge their conviction upon the basis that the people failed to prove the requisite elements of the offense charged. They claim that (1) "overcharging” is insufficient to constitute a false pretense and (2) the false pretense statute is not violated unless the victim relies thereon to his detriment. The…