State v. Hetrick
Supreme Court of Kansas
Appeal from Osage district court. STATEMENT. The defendant was convicted of obtaining money from the Kansas State Bank of Overbrook by false pretenses. The information charged that the defendant falsely pretended: “That he was one A. C. Cotes, and that he was the payee named in a certain bank check which he then and there had in his possession, and which check said Clyde Hetrick then and there falsely pretended was genuine.”
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Appeal from Osage district court. STATEMENT. The defendant was convicted of obtaining money from the Kansas State Bank of Overbrook by false pretenses. The information charged that the defendant falsely pretended: “That he was one A. C. Cotes, and that he was the payee named in a certain bank check which he then and there had in his possession, and which check said Clyde Hetrick then and there falsely pretended was genuine.” A copy of the check was set out, with the. usual averments charging the oifense. The state produced evidence tending to prove the following facts: That on the 29th day of…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
Errors are assigned relating to the admission of testimony and the instructions, and in sustaining the verdict upon the evidence.
The alleged insufficiency of the evidence relates to the question of identity. In the brief for the defendant it is said: “The defense was simply that the defendant was not the right man; that if someone had defrauded the banks it was not Clyde Hetrick.” The fact that he had lived all his life in the neighborhood and was in no financial straits, that he had been at Overbrook frequently and would likely be…
2Cases cited13 opinions
- State v. AdamsSupreme Court of Kansas · 1878
- Armstrong v. . PeopleNew York Court of Appeals · 1877
- Brown v. StateWisconsin Supreme Court · 1906
- State v. KirbySupreme Court of Kansas · 1901
- State v. BriggsSupreme Court of Kansas · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. LyleSupreme Court of South Carolina · 1923
- State v. HandkeSupreme Court of Kansas · 1959
- State v. SweetSupreme Court of Kansas · 1917
- State v. WheelerSupreme Court of Kansas · 1913
- State v. RobinsonSupreme Court of Kansas · 1927
12 more not listed; retrieve them via the Exa API.