State v. Cunningham

Dell, Chief Justice.

This is an appeal from, a judgment convicting the defendant of the crime of swindling in violation of M. S. A. 614.11.

There is no dispute as to the facts involved. On May 21, 1957, the defendant purchased paint costing $8.50 at a paint store in St. Paul, owned in part by one Vincent Koenke. The sale was made by a clerk, Miss Tirzah Koenke, who had never seen nor heard of the defendant previously. The defendant paid for the purchase with a blank counter check which he had with him. He made the check payable to the order of “Cash” in the amount of $15, drew it on the “First…