State v. Henshaw
| Decision Date | 25 April 1989 |
| Docket Number | No. 88-216-C,88-216-C |
| Parties | STATE v. Stanley HENSHAW. A. |
| Court | Rhode Island Supreme Court |
Stanley Henshaw III was charged with one count of obtaining money by false pretenses under G.L.1956 (1981 Reenactment) § 11-41-4. A Superior Court jury returned a verdict of guilty. The defendant now appeals his conviction.
Stanley Henshaw III was in the insurance business. He lived in an apartment at 200 Hope Street in Providence. Henshaw had an insurance policy with Fireman's Fund Insurance Companies (Fireman's) on a number of household items in the apartment, among them a silver Tiffany tray and a gold pocket watch. On February 25, 1984, he reported to the police that his apartment had been burglarized and that a number of items were missing, among them, the silver tray and the gold watch. He filed a claim with Fireman's and collected under his policy for the silver tray, gold watch, and other items. The total Henshaw received from the insurance company was $18,978.75. The portion of this amount that was attributable to the tray and the watch was $8,750.
In August of 1984, however, the Tiffany tray which Henshaw had reported stolen was still in his possession. He took the tray to Boston and there sold it to an antique dealer for $1,700. A sale of this type requires the antique dealer to furnish the seller's name and social security number to the police. The antique dealer knew Henshaw personally, and at the time of sale Henshaw freely gave his social security number. This information on the sale was forwarded to the police, who believed that it was possible that the tray sold by Henshaw was the same one he had reported stolen. The police took a statement from the antique dealer, called the insurance company, and called Henshaw to inform him of the suspicious circumstances.
At trial, Henshaw testified that he was mistaken in believing that the tray had been stolen. Henshaw explained that he was living at 200 Hope Street when the burglary occurred on February 25, 1984. On May 29, 1984, he moved from Hope Street to 26 Benefit Street. While moving, Henshaw found the silver tray and the gold watch. He testified that he must have simply misplaced these items, and was quite embarrassed by their discovery. Henshaw stated that he intended to repay the insurance company. He further testified that he did not make immediate repayment because he was short of money. He decided to wait for some commission checks before he would repay the funds. Henshaw testified that the reason he took the tray to Boston to sell was to raise money to reimburse the insurance company. He further testified that he intended to put the $1,700 he received for the tray toward reimbursement. After the police called Henshaw, he called an insurance-company representative and explained that at the time of the burglary he sincerely believed the tray and the watch stolen. Henshaw said he would repay the company. Four days later, the insurance company received a letter from Henshaw with his personal check for $8,750. However, Fireman's returned the check, and advised Henshaw that reimbursement of the entire claim of $18,978.75 was sought because the insurance company now believed the claim to be fraudulent. However, Henshaw refused to pay back the total amount of the claim. Henshaw was charged by information, tried by a Superior Court jury, and found guilty.
Henshaw appeals on two grounds. First, he contests the denial of his motion for judgment of acquittal because no rational jury could have found him guilty on these facts. Second, he contends that the trial justice erred in denying his motion for a new trial. We find no error in the denial of these motions.
In a criminal case, a challenge to the sufficiency of the evidence is properly made by a motion for judgment of acquittal. State v. Collazo, 446 A.2d 1006, 1011 (R.I.1982); Super. R. Crim. P. 29. In reviewing a denial of a motion for judgment of acquittal, this court applies the same standard the trial justice applies in arriving at his or her ruling. Id. In deciding such a motion, a trial justice must view the evidence in the light most favorable to the state, without weighing the evidence or assessing the credibility of the witnesses and draw all reasonable inferences that are consistent with guilt. State v. Caruolo, 524 A.2d 575, 581 (R.I.1987). Unless the evidence viewed in such a light is insufficient to warrant a jury verdict of guilt beyond a reasonable doubt, a motion for judgment of acquittal should be denied. State v. Burke, 522 A.2d 725, 734 (R.I.1987). The denial of a motion for acquittal, made at the conclusion of the prosecution's case, is reviewable only if the defense rests after making the motion. State v. Roddy, 401 A.2d 23, 32 (R.I.1979); State v. Grullon, 117 R.I. 682, 689, 371 A.2d 265, 268 (1977). If the defense presents its case after making a motion for judgment of acquittal at the close of the state's case in chief, the denial of the motion is nonappealable. Id.
In the case at bar, two motions for judgment of acquittal were made. The first one was made at the close of the prosecution's case in chief. The trial justice reserved his decision on this motion and the defense then proceeded to present its case. Thus the defendant waived his right to appeal the subsequent denial of the first motion.
In regard to the second motion which was made at the close of the trial, the elements of obtaining property by false pretenses under § 11-41-4 are that the accused: "(1) obtain property from another designedly, by any false pretense or pretenses; and (2) with the intent to cheat or defraud." State v. Markarian, 551 A.2d 1178, 1180 (R.I.1988). We note that the first element of obtaining property by false pretenses could be satisfied by Henshaw's filing the proof of loss with the insurance company, receipt of the check as compensation for the allegedly stolen tray, and cashing the check. The second element could be satisfied by the inference that when Henshaw cashed the check from the insurance company, he knew he still had the tray. Henshaw himself testified that he filed the proof of loss which listed the tray as stolen, received the insurance company check, cashed it, and then later sold the tray in Boston without ever notifying the insurance company that the tray was not stolen. This testimony corroborated other evidence presented. The primary exculpatory evidence presented was Henshaw's testimony that he did not intend to defraud Fireman's. However, viewed in the light most favorable to the state, Henshaw's explanation and denial of intent to defraud could be completely disregarded by the jury. The trial justice correctly determined that the evidence presented was capable of generating proof...
To continue reading
Request your trial
-
State v. Mattatall
...made by a motion for judgment of acquittal pursuant to Rule 29 of the Superior Court Rules of Criminal Procedure. State v. Henshaw, 557 A.2d 1204, 1206 (R.I.1989). Mattatall filed a motion for judgment of acquittal at the close of the state's case and renewed the motion at the end of the tr......
-
State v. Bertram
...overlooked material evidence or was otherwise clearly wrong. State v. Girouard, 561 A.2d 882, 890 (R.I.1989) (citing State v. Henshaw, 557 A.2d 1204, 1207 (R.I.1989); State v. LaPointe, 525 A.2d 913, 914 (R.I.1987)); see also State v. Grundy, 582 A.2d 1166, 1172 When "considering a motion f......
-
State v. Marrapese
...is specifically found that the verdict is against the fair preponderance of the evidence and fails to do substantial justice. State v. Henshaw, 557 A.2d at 1208; Yammerino v. Cranston Tennis Club, Inc., 416 A.2d 698, 699-700 (R.I.1980). The new-trial motion must be denied, however, if the t......
-
State v. Lomba
...the credibility of the witnesses and draw all reasonable inferences that are consistent with guilt.’ ” Id. (quoting State v. Henshaw, 557 A.2d 1204, 1206 (R.I.1989)). “If, after viewing all of the evidence, ‘the inferences drawn would justify a reasonable juror in finding a defendant guilty......