State v. Adams

• Decision Date: 08 February 1904
• Citation: 75 P. 258,9 Idaho 582
• Parties: STATE v. ADAMS
• Court: Idaho Supreme Court

75 P. 258

9 Idaho 582

STATE v. ADAMS

Supreme Court of Idaho

February 8, 1904

INSUFFICIENCY OF EVIDENCE IN CRIMINAL CASES.

1. A judgment will be reversed in a criminal case where the evidence fails to connect the defendant with the crime charged.

(Syllabus by the court.)

APPEAL from the District Court of Fremont County. Honorable James M Stevens, Judge.

Defendant was convicted of a felony. Judgment reversed.

Reversed and remanded.

Briggs & McCutcheon and Chalmers & Jones, for Appellant.

The rules relating to false pretenses and cheats are applicable here. The presentation of false accounts is false pretenses. (7 Am. & Eng. Ency. of Law, p. 754.) The claim, we submit must be fair and regular on its face and not plainly absurd or irrational, or such as to be readily detected. (Clark's Criminal Law, p. 282, and citations.) And the statements of representatives must be relied upon. (Clark's Criminal Law, p. 281, and citations; Rex. v Dale, 7 Car. & P. 352; State v. Stone, 75 Iowa 215, 39 N.W. 275; State v. Williams, 103 Ind. 235, 2 N.E. 585; Scott v. State, 27 Tex. App. 264, 11 S.W. 320; People v. Mauritzen, 84 Cal. 37, 24 P. 112; State v. Clark, 46 Kan. 65, 26 P. 481; In re Shurman, 40 Kan. 533, 20 P. 277; Reg. v. Jones, 15 Cox C. C. 475.) To authorize a conviction, it must be shown that the prisoner knew the representations actually made to be false, and that he intended to defraud. (Sharp v. State, 53 N.J.L. 511, 21 A. 1026; People v. Wakely, 62 Mich. 297, 28 N.W. 871.) In cases of this character, the statute, being highly penal, is to be strictly construed. (Bishop on Statutory Crimes, 2d ed., sec. 193, note 3, and sec. 192; 4 Am. & Eng. Ency. of Law, p. 643, and citations.)

John A. Bagley, Attorney General, for the State.

The defendant is prosecuted for presenting a false claim for payment and not for obtaining money under false pretenses. Section 6385, Revised Statutes, provides: "Every person who, with intent to defraud, presents for allowance or for payment to any territorial board or officer, or to any county, city, ward or village board of officers, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher or writing, is guilty of a felony." (Hauck v. State, 45 Ohio St. 439, 14 N.E. 92.) "When the false and fraudulent claim was presented by him to this board for the purpose of procuring its allowance, the crime for which he was indicted was consummated." This is a separate and distinct offense from the offense of obtaining money under false pretenses. (Rev. Stats., sec. 7096.) Presenting false claims to public officers is an offense of a kindred nature to false pretenses and cheats, but is an entirely separate and distinct offense. (12 Am. & Eng. Ency. of Law, 853; People v. Carolan, 71 Cal. 195, 12 P. 52; People v. Oyer, 83 N.Y. 436, 453.)

STOCKSLAGER, J. Sullivan, C. J., and Ailshie, J., concur.

OPINION

The facts are Stated in the opinion.

STOCKSLAGER, J.

This is an appeal from the judgment and an order overruling a motion for a new trial. The prosecution was based on section 6385 Revised Statutes of Idaho which provides that "Every person who, with intent to defraud, presents for allowance or for payment to any territorial board or officer, or to any county, town, city, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony."

The charging part of the information is as follows, to wit: "That said R. B. R. Adams, on or about the thirteenth day of June, A. D. 1902, at the county of Fremont, state of Idaho did willfully, unlawfully, and feloniously with intent to defraud Fremont county, state of Idaho present for allowance to the board of county commissioners of said Fremont county, state of Idaho who were authorized to allow the same if genuine, a false and fraudulent claim, a statement in writing duly verified by him, on the bounty fund of Fremont county, state of Idaho for the sum of two hundred thirty-seven dollars, purporting to be for one hundred and fifty-eight coyote scalps, contrary to the form, force and effect of the statute in such cases made and provided, and against the power, force and dignity of the state of Idaho."

Defendant demurred to this information which was overruled by the court and which is as follows, to wit: "1. That the said information does not substantially, or otherwise, conform to the requirements of sections 7677, 7678 and 7679 of the Revised Statutes of Idaho or either or any of said sections. 2. That the facts stated in said information do not constitute a public offense."

Counsel for appellant urge in this court that it was error in the lower court to overrule this demurrer. We do not think so. The information, as we read it, is in substantial compliance with the statute, and charges a crime under the provisions of section 6385 of the statute.

The defendant was tried and convicted of the crime charged in the information, and after overruling a motion for a new trial he was sentenced to serve a term of one year in the penitentiary in this state. It is earnestly urged by counsel for appellant that the evidence was insufficient to support the verdict of the jury and the judgment of the court. As we read the record in this case, this is the serious question for our determination.

The bill of exceptions contains the evidence upon which the conviction was had. The first witness for the state was J. W. Ayers, a justice of the peace, residing at Market Lake, Fremont county, who testified as follows, to wit: "I am acquainted with the defendant Adams, and he has resided there since I became acquainted with him in 1889. I am his brother in law; saw him on the twelfth day of June, 1902, at my residence, about four miles south of Market Lake, in the presence of my wife. He came there to turn in some coyote scalps before me, as a justice of the peace."

Witness identified paper marked "Plaintiff's Exhibit A," being a claim for one hundred and fifty-eight coyote scalps at $ 1.50 each, and in the usual form; stated that he saw it on that day, and that the jurat bears his signature, and the claim of the defendant, R. D. R. Adams; and he swore the defendant to the bill. Defendant there had a cigar-box containing coyote ears, scalps, tips of ears, the box being of the capacity of fifty cigars, "but I do not know the kind of box or brand; the cover was tacked down. I counted the ears out of the box and the number agreed with the number of ears mentioned in the claim." Witness was unable to identify the box or the ears contained in the box. Testifies: "After I counted the ears I placed them in the box and nailed it up; gave them to Mr. Adams with the bill and he left my place. Next saw the bill in probate court at St. Anthony at the preliminary examination. I told the defendant to send the bill to the clerk of the court with the ears."

On cross-examination he said: "I do not know who wrote the address on the cigar-box marked 'Plaintiff's Exhibit B'; addressing said box to A. M. Carter, St. Anthony, Idaho. I do not know who wrote any of the words, figures, or letters on said box. I did not write any of them."

Charles R. Harwood testified: "Am in the mercantile business at Market Lake; was postmaster at that place in June and July, 1902, and was in the post office during those months. The cigar-box marked 'Plaintiff's Exhibit B' was brought to me to be registered. I wrapped it up and addressed it from J. W. Ayers, Market Lake, to A. M. Carter, St. Anthony, Idaho and registered it accordingly. The handwriting on the package is mine. I addressed it as from J. W. Ayers from Market Lake, Idaho because I was told to do so, but do not know who delivered it to me. It is my custom always to put on the package who it is from and who it is to, with the numbers, this being registered No. 52. There were no other marks on the package. It was registered June 12, 1902. I do not remember whether I was told what was the contents or not, and don't think I looked into the box at all. I registered a good many packages previous to that time and thereafter, I guess, to A. M. Carter at St. Anthony, almost all of them being from J. W. Ayers, justice of the peace, but I don't think I received this box from J. W. Ayers and don't remember from whom I did receive it."

A. M Carter testified: "In June and July, 1902, I was clerk of the board of county commissioners and auditor and recorder of Fremont county." He identified the bill and says he first saw it on June 13, 1902, in his office. When he received it he put it in the bill files with others. It was afterward presented to the board...