State v. Wright

MAUGHMER, Commissioner.

In the case before us defendant was tried for obtaining airplane tickets by use of another person’s credit card. The information charged that the act was done feloni-ously. The jury was instructed under the felony false pretense statute. The jury found defendant guilty and fixed his punishment within the limitations of that felony statute as the court had instructed it to do. Thereafter the trial court concluded that defendant’s crime, if any, based upon the factual allegations of the information and the evidence presented, amounted to only a misdemeanor. Defendant…