State v. Braham

STARCHER, Justice.

In the instant case, we reverse the appellant’s conviction on a charge of fraudulent schemes because the State’s evidence did not show beyond a reasonable doubt that the appellant had the requisite criminal intent.

I

Facts & Background

The appellant William Braham appeals his May 8, 2001 conviction in the Circuit Court of Monongalia County for violating W.Va.Code, 61-3-24d [1995], the offense of “fraudulent schemes.” This statute reads in pertinent part as follows:(a) Any person who willfully deprives another of any money, goods, property or services by means of fraudulent…