State v. Decker

• Decision Date: 01 January 1887
• Citation: 14 P. 283,36 Kan. 717
• Parties: THE STATE OF KANSAS v. ORR DECKER
• Court: Kansas Supreme Court

14 P. 283

36 Kan. 717

THE STATE OF KANSAS v. ORR DECKER

Supreme Court of Kansas

January 1, 1887

Appeal from Dickinson District Court.

THE defendant, Orr Decker, was found guilty by the jury, and sentenced by the court to one year's imprisonment in the penitentiary, upon a criminal information which reads as follows, (omitting court and title:)

"In the name and by the authority of the state of Kansas, I George W. Hurd, county attorney within and for said county of Dickinson and state of Kansas, do now here give the said court to understand and be informed that the above-named defendants, James Bottomly and Orr Decker, on the 21st day of September, 1886, at and within said county of Dickinson and state of Kansas, then and there being, did then and there know that said George W. Hurd then and there had in his possession and under his control four certain promissory notes, of the goods and chattels of one George M. Noble, to wit: One promissory note dated May 25, 1886, for fifteen hundred dollars, signed by Orr Decker and Elvina M. Decker and of the value of one thousand five hundred dollars; and one certain promissory note dated May 25, 1886, for five hundred dollars, and of the value of five hundred dollars and signed by Orr Decker and Elvina M. Decker; and one certain promissory note for one thousand dollars, dated May 25, 1886, signed by Orr Decker and Elvina M. Decker, and of the value of one thousand dollars; and one certain promissory note dated May 25, 1886, for the sum of one thousand dollars signed by Orr Decker and Elvina M. Decker, and of the value of one thousand dollars--all of which said promissory notes were then and there of the goods, chattels and property of said George M. Noble, and in the possession and under the control of said George W. Hurd, and of the aggregate value of four thousand dollars.

"And the said defendants, James Bottomly and Orr Decker, then and there being persons of evil disposition, ill-will and ill-fame, and devising and intending by unlawful ways and means to obtain and get into their hands and possession the aforesaid promissory notes, with the intent, unlawfully, feloniously, knowingly, designedly, willfully, and falsely pretend to the said George W. Hurd that a certain written paper which the said James Bottomly and Orr Decker then and there produced to the said George W. Hurd, and which written paper is in form a draft, and in words and figures as follows, to wit:

"'$ 3,000.

ABILENE, KANSAS, September 20, 1886.

"'At sight pay to order of J. H. Brady three thousand dollars, for value received, and charge to account of James Bottomly.

"'To First National Bank, Clinton, Iowa.'

And which written paper then and there had written on the back thereof the words following, to wit: 'Pay to the order of G. W. Hurd.--J. H. BRADY,' was a good and genuine draft for the payment of the sum of three thousand dollars, and of the value of three thousand dollars; whereas in truth and in fact said written paper was not a good and genuine draft or order for the payment of three thousand dollars, and was not of the value of three thousand dollars or any other sum of money, but was absolutely worthless, and of no value whatever; and there was not then and never had been any bank in existence known, called, described or named 'First National Bank, Clinton, Iowa,' or any name similar thereto, which said defendants then and there well knew; and said defendants then and there well knew that said written paper was not a good and genuine draft of the value of three thousand dollars, and that the same was absolutely worthless and of no value whatever; and said defendants, James Bottomly and Orr Decker, then and there told and stated to George W. Hurd that said defendant, James Bottomly, then had in the First National Bank of Clinton, Iowa, the sum of three thousand dollars to pay said draft, whereas in truth and in fact there was no such bank in existence as the First National Bank of Clinton, Iowa, or in any other bank in Clinton, Iowa, which said defendants then and there well knew.

"And said defendants, James Bottomly and Orr Decker, then and there unlawfully, feloniously, willfully, designedly, and with the intent the said George M. Noble and George W. Hurd to cheat and defraud, did offer and propose to deliver said false and worthless draft to said George W. Hurd in payment of the sum of three thousand dollars on the value of the above said four certain promissory notes; and to satisfy the balance of the principal and interest of said four promissory notes signed by Orr Decker and Elvina M. Decker, by the execution and delivery of another promissory note, the amount and description of which I am unable to give; and did then and there unlawfully, feloniously, willfully, designedly, and with the intent the said George M. Noble and George W. Hurd to cheat and defraud, deliver said false and worthless draft and said other promissory note, the amount and description of which I am unable to give, to said George W. Hurd, and demanded from the said George W. Hurd the said four promissory notes signed by said Orr Decker and Elvina M. Decker; and by means of said false and fraudulent pretenses said defendants, James Bottomly and Orr Decker, then and there, on the said 21st day of September, 1886, at and within said county of Dickinson and state of Kansas, in the manner and by the means aforesaid, did then and there unlawfully, feloniously, knowingly, willfully and designedly attempt and endeavor to obtain from the said George W. Hurd the aforesaid four promissory notes of the goods and chattels of the said George M. Noble, and of the value of four thousand dollars, with the intent then and there the said George M. Noble and George W. Hurd to cheat and defraud of the same; contrary to the form of the statutes of the state of Kansas in such cases made and provided."

From the foregoing judgment, at the October Term, 1886, the defendant, Decker, appeals.

Judgment affirmed.

J. G. Mohler, for appellant.

S. B. Bradford, attorney general, and George W. Hurd, county attorney, for The State.

VALENTINE J.All the Justices concurring.

OPINION

VALENTINE, J.:

The defendant, Orr Decker, was charged, along with James Bottomly, by information filed by the county attorney in the district court of Dickinson county, with the offense of attempting to obtain certain personal property by false pretenses.A motion was made to quash the information, which was overruled by the court.The charge against Decker was then tried before the court and a jury, and he was found guilty, as charged in the information.He then moved for a new trial, and also in arrest of judgment, which motions were overruled by the court.He was then sentenced to imprisonment in the penitentiary for one year, from which sentence he appeals.

The first question presented to this court is with regard to the sufficiency of the information.It is attempted to be charged in the information that Orr Decker, in violation of § 283 of the act relating to crimes and punishments, attempted to commit the offense prohibited by § 94 of said act.Said§ 283 reads as follows:

"SEC. 283.Every person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any act toward the commission of such offense, but shall fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof shall, in cases where no provision is made by law for the punishment of such attempt, be punished as follows," etc.

It is claimed that the information is not sufficient because it does not...