State v. Frias

No. 122,735 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. SHELBY R. FRIAS, Appellant. SYLLABUS BY THE COURT 1. "False pretense" as used in the mistreatment of an elder person statute, K.S.A. 2014 Supp. 21-5417(b)(1)(A), means a representation of a fact that is untrue, calculated to mislead, and intended to induce the person to whom it is made to part with something of value. 2. The mistreatment of an elder person statute restricts the affirmative defense that money was given as a gift, precluding a generic gift instruction. No affirmative defense of a gift is…