People v. Ferrell, No. C-1583

Docket NºNo. C-1583
Citation197 Colo. 253, 591 P.2d 1038
Case DateMarch 19, 1979
CourtSupreme Court of Colorado

Page 1038

591 P.2d 1038
197 Colo. 253
PEOPLE of the State of Colorado, Petitioner,
v.
Bruce FERRELL, Jr., Respondent.
No. C-1583.
Supreme Court of Colorado, En Banc.
March 19, 1979.

Terrance Farina, Dist. Atty., James R. Alvillar, Deputy Dist. Atty., Grand Junction, for petitioner.

[197 Colo. 254] Dufford, Waldeck & Williams, Laird T. Milburn, Ware B. Flora, Grand Junction, for respondent.

GROVES, Justice.

The People appeal from the district court's reversal on appeal of the defendant's conviction in the county court. The county court had found him guilty of obtaining goods of value by deception in violation

Page 1039

of section 18-4-401, C.R.S. 1973 (1978 Repl. Vol. 8). We granted certiorari to the district court and affirm.

Two sales clerks of Keith O'Brien, a Grand Junction department store, testified that on July 9, 1976 the defendant had purchased three jackets and some shirts and opened a credit account to which the purchases were charged. The account was not paid. The defendant denied the alleged transactions with the store and claimed he had been in California on July 9, 1976. A friend corroborated his alibi.

The district court reversed the conviction on the grounds that no deception had been proved and that there had been no theft.

The issue on appeal is whether there was sufficient evidence to support a finding of deception. The evidence shows that the defendant gave his name on the credit application as "Robert Bruce Ferrell" rather than his correct name of Bruce Ferrell, Jr." However, the People did not establish that anyone at Keith O'Brien's was deceived into extending credit by this. One saleswoman testified that she recognized the defendant from previous sales at Keith O'Brien's, as well as at another store where she had worked. Another saleswoman testified that she knew him as Bruce Ferrell, a regular customer. Moreover, credit was extended on the basis of a report from the credit bureau which contained information about the defendant under his correct name.

The People also claim that the defendant gave an incorrect address, viz. "819 Jamaica" instead of "620 Canyon Creek." Yet, the only evidence to that effect was a saleswoman's testimony that the credit card mailed to 819 Jamaica some time after July 9, 1976 was returned because the address was incorrect. A phone bill sent to 620 Canyon Creek which covered the period from June 29 to August 27, 1976 also was introduced into evidence.

The important thing is that...

To continue reading

Request your trial
6 practice notes
  • People v. Norman, No. 83SA290
    • United States
    • Colorado Supreme Court of Colorado
    • 10 June 1985
    ...made to the victim caused the victim to part with something of value in reliance upon those misrepresentations. People v. Ferrell, 197 Colo. 253, 591 P.2d 1038 (1979); People v. Terranova, 38 Colo.App. 476, 563 P.2d 363 (1976). The trial court apparently found defendant's failure to inform ......
  • People v. Quick, No. 83SA446
    • United States
    • Colorado Supreme Court of Colorado
    • 31 January 1986
    ...caused the victim to part with something of value in reliance upon those misrepresentations." Id. at 1268; see People v. Ferrell, 197 Colo. 253, 591 P.2d 1038 (1979). While Norman discusses types of conduct which may constitute deception, it Page 1289 does not imply that all misreprese......
  • People v. Warner, No. 90SC13
    • United States
    • Colorado Supreme Court of Colorado
    • 10 December 1990
    ...of value and that the victim relied upon the swindler's misrepresentations. Id. at 483, 563 P.2d at 368. See also People v. Ferrell, 197 Colo. 253, 255, 591 P.2d 1038, 1039 (1979) (evidence failed to support defendant's conviction for theft by deception where store personnel did not rely on......
  • Fitzgerald v. State, No. 5058
    • United States
    • United States State Supreme Court of Wyoming
    • 17 August 1979
    ...77 N.J. 475, 391 A.2d 490 (1978); Kinder v. State, Tex.Crim.App., 477 S.W.2d 584, 586 (1971), reh. den.; and People v. Ferrell, Colo., 591 P.2d 1038, 1039 The Rationale for Affirmance The logic of the trial judge and the majority disturbs me. In pronouncing Fitzgerald guilty, the trial judg......
  • Request a trial to view additional results
6 cases
  • People v. Norman, No. 83SA290
    • United States
    • Colorado Supreme Court of Colorado
    • 10 June 1985
    ...made to the victim caused the victim to part with something of value in reliance upon those misrepresentations. People v. Ferrell, 197 Colo. 253, 591 P.2d 1038 (1979); People v. Terranova, 38 Colo.App. 476, 563 P.2d 363 (1976). The trial court apparently found defendant's failure to inform ......
  • People v. Quick, No. 83SA446
    • United States
    • Colorado Supreme Court of Colorado
    • 31 January 1986
    ...caused the victim to part with something of value in reliance upon those misrepresentations." Id. at 1268; see People v. Ferrell, 197 Colo. 253, 591 P.2d 1038 (1979). While Norman discusses types of conduct which may constitute deception, it Page 1289 does not imply that all misreprese......
  • People v. Warner, No. 90SC13
    • United States
    • Colorado Supreme Court of Colorado
    • 10 December 1990
    ...of value and that the victim relied upon the swindler's misrepresentations. Id. at 483, 563 P.2d at 368. See also People v. Ferrell, 197 Colo. 253, 255, 591 P.2d 1038, 1039 (1979) (evidence failed to support defendant's conviction for theft by deception where store personnel did not rely on......
  • Fitzgerald v. State, No. 5058
    • United States
    • United States State Supreme Court of Wyoming
    • 17 August 1979
    ...77 N.J. 475, 391 A.2d 490 (1978); Kinder v. State, Tex.Crim.App., 477 S.W.2d 584, 586 (1971), reh. den.; and People v. Ferrell, Colo., 591 P.2d 1038, 1039 The Rationale for Affirmance The logic of the trial judge and the majority disturbs me. In pronouncing Fitzgerald guilty, the trial judg......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT