Goerndt v. State

I must agree with the state on motion for rehearing that Division 4 of the majority opinion overlooks material facts set forth in the record and contains certain statements not supported therein.

The evidence shows that Joel Goerndt entered into an oral agreement with Mr. and Mrs. Delchamps to rent a mobile home on December 17, 1976. Goerndt dealt initially with Mrs. Delchamps and she agreed to let him move in that day upon payment of a $50 security deposit if he would pay the $120 rent on January 1, 1977. On January 10, Goerndt paid $100, at which time he received a handwritten receipt on the…