State v. Ainsworth

• Decision Date: 06 November 1937
• Docket Number: 33541.
• Citation: 146 Kan. 665,72 P.2d 962
• Parties: STATE v. AINSWORTH.
• Court: Kansas Supreme Court

72 P.2d 962

146 Kan. 665

STATE v. AINSWORTH.

No. 33541.

Supreme Court of Kansas

November 6, 1937

Syllabus by the Court.

Under statute making attempt to commit a crime an offense information charging accused with crime of attempting to cheat and defraud hotel company by trick and deception and by false and fraudulent representations, statements, and pretenses, in words of statute setting out such offense charged an offense within meaning of statutes (Gen.St.1935 21-101, 21-551).

An information charging the defendant with the crime of attempting to cheat and defraud a certain hotel company by trick and deception and by false and fraudulent representations, statements, and pretenses, examined, and held that the information sufficiently charged a crime under our statute G.S.1935, 21-101.

Appeal from District Court, Shawnee County; Division No. 1; George A. Kline, Judge.

R. G Ainsworth was convicted of attempting to cheat and defraud hotel company by trick and deception, and fraudulent representation, statement, and pretense, and he appeals.

Dennis Madden, of Topeka, for appellant.

Clarence V. Beck, Atty. Gen., and Paul L. Harvey, Co. Atty., of Topeka, for the State.

ALLEN Justice.

This is an appeal from a judgment of the district court under which the defendant was sentenced to serve one year in the county jail.

The charging part of the information is as follows:

"That R. C. Ainsworth at the County of Shawnee in the State of Kansas and within the jurisdiction of this court on the -- day of December, A.D.1936, did unlawfully, feloniously and willfully and with intent to cheat and defraud The Hotel Kansan Operating Company, a corporation, organized and existing and operating under the laws of the State of Kansas, designedly by means of a trick and deception, and false and fraudulent representation, statement and pretense, attempt to obtain from the said, The Kansan Operating Company, a corporation, $185.00 lawful money of the United States of America, said trick and deception and false and fraudulent representation and pretense being as follows:

"Said R. C. Ainsworth, at the time and place above stated did call by telephone the agent of the said The Hotel Kansan Operating Company, a corporation and represented to the said agent that there was enroute to the said Hotel Kansan, a party of four persons from Edmonton, Alberta, Canada, by airplane, when in truth and in fact there was no such party. Said defendant at said time and place did go to the said Hotel and sign the following names, occupations and residences on the register of said Hotel: C. C. Kearns, chief pilot, Edmonton Alberta; R. H. Leesbond and wife, Edmonton, Alberta; J. C. Reamey and wife, Edmonton, Alberta, and did represent to said agent at said hotel that the persons above named would be in the hotel in a short time, when in truth and in fact there were no such persons and the said defendant did at the time and place first above mentioned, request the agent of said hotel to cash for him checks in the amount of $185.00, which checks were spurious and of no value and which said agent refused to cash. Contrary to the Statute in such cases made and provided and against the peace and dignity of the State of Kansas."

On April 14, 1937, a motion to quash the information on the ground that the information did not charge a public offense was overruled. The record shows that on April 15, 1937, the defendant appeared in person and by his attorneys, waived arraignment, and entered his voluntary plea of guilty. On April 17, 1937, it was ordered and adjudged that the defendant be sentenced to the county jail.

It is urged that the information does not charge a crime and that the judgment and sentence is void.

In charging the attempt to commit the offense, the information follows the language of the statute, G.S.1935, 21-551,...