State v. Booth

• Decision Date: 31 May 1916
• Docket Number: No. 19326.,19326.
• Citation: 186 S.W. 1019
• Parties: STATE v. BOOTH.
• Court: Missouri Supreme Court

186 S.W. 1019

STATE v. BOOTH.

No. 19326.

Supreme Court of Missouri, Division No. 2.

May 31, 1916.

Appeal from Circuit Court, Boone County; David H. Harris, Judge.

John N. Booth was convicted of obtaining money under false pretenses and representations, and he appeals. Judgment reversed, and cause remanded.

Defendant was convicted of obtaining money under false pretenses and representations, and sentenced to two years in the penitentiary. The information, omitting formal parts, is as follows:

"Now comes W. M. Dinwiddie, prosecuting attorney of the state of Missouri, in and for the body of the county of Boone, and upon his official oath informs the court that John N. Booth, on or about the first day of December, 1914, at the county of Boone and state of Missouri, feloniously and fraudulently, with the unlawful and felonious intent to cheat and defraud, did then and there obtain from the Central Bank of Columbia, Boone county, Missouri, a banking corporation duly incorporated under and by virtue of the laws of the state of Missouri, two hundred and fifty dollars, lawful money of the United States of America, of the value of two hundred and fifty dollars, by means of the following trick and deception, false and fraudulent representations, statements, and pretenses, to wit: Did then and there falsely and fraudulently represent and pretend to one Ira T. G. Stone, cashier of said Central Bank, that he, the said John N. Booth, had a large sum of money in the state of Oklahoma, to wit, several thousand dollars. That he, the said John N. Booth, wished to and would make a deposit and open an account with the Central Bank; that he, the said John N. Booth, requested the said Central Bank, by and through its cashier, the said Ira T. G. Stone, to cash a draft of the Columbia Guarantee Abstract Company, a corporation, with which he, the said John N. Booth, was connected, drawn by him, the said John N. Booth, for the sum of two hundred and fifty dollars, which said draft he, the said John N. Booth, then and there drew on Wilkerson & Co., of Muskogee, Okl., said draft being in words and figures as follows:

                "`No. 109.         Columbia, Mo., Dec. 1, 1914
                

"`Columbia Guarantee Abstract Company.

"`We will photograph every record in Boone County pertaining to land titles.

"`We will be able to answer over the telephone any question pertaining to what the record reflects.

"`Pay to the order of J. N. Booth $250.00, two hundred and fifty and no/100 dollars.

                  "`Columbia Guarantee Abstract Company
                      "`By J. N. Booth
                

"`To Wilkerson & Co., Muskogee Oklahoma.'

"On the back of said draft is the following indorsement:

"To moneys advanced on account of abstract plant, $250.00.'

"Which said draft could not be presented for payment for the reason that no partnership or corporation by the name of Wilkerson & Company was organized or existing in the city of Muskogee, Oklahoma, and the said draft was returned to said Central Bank unpaid. And the said Ira G. Stone, cashier of said Central Bank, believing the said false and fraudulent representations, statements, and pretenses, made as aforesaid by the said John N. Booth, to be true, and being deceived thereby, was induced by reason thereof and did then and there cash said draft, and in pursuance thereof paid to the said John N. Booth the sum of two hundred and fifty dollars, lawful money of the United States of America, of the value of two hundred and fifty dollars; and the said John N. Booth, by means and use of said trick, deception, false and fraudulent representations, statements and pretenses made as aforesaid, then and there unlawfully, knowingly and feloniously, did obtain from it, the said Central Bank, the sum of two hundred and fifty dollars, money and property of the said Central Bank, with the intent then and there unlawfully and feloniously to cheat and defraud it, the said Central Bank, of the same.

"Whereas, in truth and in fact the said John N. Booth did not then and there have a large sum of money, to wit, several thousand dollars, in the state of Oklahoma, and the said company or corporation of Wilkerson & Company did not then exist, and neither the said Columbia Guarantee Abstract Company nor the said John N. Booth had any right or authority to draw said draft on said Wilkerson & Company; and he, the said John N. Booth, well knew that neither he, the said John N. Booth, nor the Columbia Guarantee Abstract Company, had any right or authority then and there to draw said draft on said Wilkerson & Company — against the peace and dignity of the state."

The defendant is about 42 years old, was reared in Saline county, educated at the State University, practiced law at least nominally in several counties in the state and in St. Louis, lived for short intervals in several different states, and was twice married. Notwithstanding the fact that he was without financial means, in the summer of 1914 he went to Columbia and promoted the organization of a corporation named the "Columbia Guarantee Abstract Company." He sold stock in the company, employed stenographers and clerks, rented offices, built a concrete vault, bought stationery, adding machines, etc. About November 23, 1914, Mr. Ira T. G. Stone, cashier of the Central Bank of Columbia, called on defendant and solicited his patronage as a customer of that bank.

It is sufficient to say that the evidence shows the making of the pretenses and representations as charged; that the draft mentioned was presented to the bank by Miss Blanton, as employé of defendant; that the amount of the draft was deposited to the account of defendant in the bank subject to check; that all the money so deposited, except the $17.03, was paid out on checks drawn by defendant within two days thereafter; that the draft was purchased and the money so deposited to the credit of defendant on the faith of such pretenses and representations; that the draft was dishonored and protested, the bank receiving notice thereof after the payment of the checks above mentioned; that all said pretenses and representations...