Current v. People

• Decision Date: 06 December 1915
• Docket Number: 8432.
• Citation: 153 P. 684,60 Colo. 362
• Parties: CURRENT v. PEOPLE.
• Court: Colorado Supreme Court

153 P. 684

60 Colo. 362

CURRENT v. PEOPLE.

No. 8432.

Supreme Court of Colorado

December 6, 1915

Error to District Court, City and County of Denver; H. S. Class Judge.

W. D Current was convicted of obtaining money by false pretenses and he brings error. Judgment reversed, and cause remanded.

Mel Emmerson Peters, O. N. Hilton, and Caesar A. Roberts, all of Denver, for plaintiff in error.

Fred Farrar, Atty. Gen., and Clarence M. Hawkins and Wendell Stephens, Asst. Attys. Gen., for the People.

BAILEY J.

The first count of the information upon which defendant was tried and convicted charges him with obtaining from one W. J. Sproul, by various false and felonious pretenses and representations set forth therein, the sum of $5,300.00. The count in the main is as follows:

'Comes now John A. Rush, District Attorney within and for the Second Judicial District in the State of Colorado, and in the name and by the authority of the People of the State of Colorado informs the Court and gives the Court to understand that W. D. Current, on, to wit, the first day of November in the year of Our Lord One Thousand Nine Hundred and Twelve, at the City and County of Denver, in the State of Colorado, with intent to cheat and defraud another, to wit, W. J. Sproul, that he, the said W. D. Current, was then and there appointed and was the agent of the Equitable Life Assurance Society of New York for the State of Colorado to take the place of one W. W. Booth, who was and had been the agent of said company in said State of Colorado, and did then and there falsely and feloniously pretend and represent to the said W. J. Sproul that he, the said W. D. Current, would assume the duties as said agent of said company and charge of said office of said company in the said State of Colorado on the 10th day December, A. D. 1912 * * *; * * * and did then and there urge upon and persuade, in the manner aforesaid, the said W. J. Sproul to buy from him, the said Current, a half interest in his said agency of the said the Equitable Life Assurance Society of New York for the sum of Eight Thousand Dollars, and the said W. J. Sproul, then and there believing the said false and felonious pretenses and representations so made by the said W. D. Current, and relying thereupon, and being deceived thereby, did then and there agree to and did purchase from said Current a half interest in said Current's agency in the said the Equitable Life Assurance Society of New York and the said Sproul did then and there and at divers and numerous times thereafter, between the said first day of November, A. D. 1912, and the 25th day of February, A. D. 1913, pay over and deliver to the said W. D. Current the sum of Fifty-Three Hundred Dollars, of the moneys and personal property of the said W. J. Sproul, and he, the said W. D. Current, did then and there unlawfully, feloniously, designedly and knowingly, by means of the said false and felonious pretenses and representations aforesaid, obtain from the said W. J. Sproul, the said Fifty-Three Hundred Dollars in money of the value of Fifty-Three Hundred Dollars, of the moneys and personal property of the said W. J. Sproul, with intent to cheat and defraud the said W. J. Sproul; whereas, in truth and in fact the said W. D. Current was not then and there the agent of the said the Equitable Life Assurance Society of New York, for the State of Colorado, or any other

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