State v. Mullins.
Supreme Court of Missouri
Appeal from Ozark Circuit Court. — -Hem. Fred Stewart, Judge. (1) The verdict is against the evidence and the court erred in overruling the demurrer to the evidence filed by defendant.
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Appeal from Ozark Circuit Court. — -Hem. Fred Stewart, Judge. (1) The verdict is against the evidence and the court erred in overruling the demurrer to the evidence filed by defendant. (2) Regarding the representation that defendant had credit at the bank and the check would be paid when presented, there is no evidence that such representations were made unless there is an implied representation, as a matter of law, that the drawer of a check has the funds on deposit to pay the check when presented when he gives the check. There may be such an implied representation for the purpose of a civil…
1Opinion of the Court
The defendant was tried before a jury in the Circuit Court of Ozark County on a charge of obtaining property under false pretenses, on November 11, 1920, was found guilty, and his punishment assessed at two years' imprisonment in the State Penitentiary. He appealed in due form from the judgment thereupon rendered. The specific charge against the defendant is that he obtained from one W.H. Blunt three mules of the value of five hundred and ninety dollars, by means of a check of that amount drawn upon a bank in which he had no funds. W.H. Blunt and his wife lived on a farm about four miles and…
2Cases cited3 opinions
- State v. YoungSupreme Court of Missouri · 1916
- State v. PettySupreme Court of Missouri · 1894
- State v. KrouseMissouri Court of Appeals · 1913
3Cited by8 opinions
- State v. NealSupreme Court of Missouri · 1943
- State v. McWilliamsSupreme Court of Missouri · 1960
- State v. PolakoffSupreme Court of Missouri · 1951
- State v. WarrenMissouri Court of Appeals · 1982
- State v. HardenMissouri Court of Appeals · 1981
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