Frank v. State Ex Rel. Meiers

The sole question upon this case is whether there was sufficient evidence upon preliminary examination to bind relator over for trial.

The contention of the state is that enough evidence was adduced to warrant binding over relator on charges, (1) of obtaining money by false pretenses; (2) larceny as bailee; (3) embezzlement. The trial court held that this was a case of promissory statements, and not representations of fact, and that no evidence was adduced showing any crime.

Complaining witness, Albert Sauerhammer, responded to an advertisement by relator, Plarvey G. Meiers, and his brother…