State v. Allen

This appeal requires us to determine whether the presentment for payment of a third party’s check by a person who knows payment on that check has been stopped, but makes no express written or oral representation with respect thereto, constitutes the crime of obtaining money by “false pretenses” under 13 V.S.A. § 2002. We hold that it does and therefore affirm the judgment of conviction.

The defendant was employed as a CETA worker at a weekly wage of $250.04, which was paid by the Vermont Job Service. A paycheck in that amount was mailed to him on July 9, 1982. On July 12, he complained that…