Mortensen v. State

Mortenson was charged with violating the False Pretense Statute (3073-4, Pope's Digest). The check on which this prosecution was based was drawn on a bank in which the depositor had an account, but in which account the funds were insufficient to cover the check when presented.

I most respectfully dissent from that portion of the majority opinion which holds that the cashing of such a check constituted obtaining money under false pretenses; because the record here affirmatively shows that there was no representation made at or before the time of cashing the check at the bank in Hot Springs. In…