State v. Mellenberger

This is an appeal by W. L. Thompson and Fred Mellenberger, two of the three indictees, from a judgment of the circuit court which found them *235guilty of the crime of obtaining money through the use of false pretenses in violation of 1937 Session Laws, Ch. 107. The indictment names Florence Tyler as the victim. A third defendant, Thompson’s wife, was acquitted. None of the defendants testified.

The appellant Mellenberger contends that, if the evidence discloses that he obtained money from Miss Tyler through the employment of false pretenses she was a particeps criminis and that, therefore, he…