State v. Voyles

I respectfully dissent. In State v. Kesterson, supra, at p. 607, the information charged that the defendant did steal “by means of deceit” $2,564, the property of Jennie L. Walker. There was no reference to any specific representation made by the defendant to Walker. In fact, the information did not allege the deceit was accomplished by any misrepresentation. When used in this context, the term “deceit” was found to be a generic term.

However, I do not believe State v. Kesterson, supra, controls this case. It is significant that in State v. Kesterson, supra, the statement that a recital of…