State v. Sparks
| Citation | 79 Neb. 504,113 N.W. 154 |
| Decision Date | 12 July 1907 |
| Docket Number | No. 15,136.,15,136. |
| Parties | STATE v. SPARKS. |
| Court | Supreme Court of Nebraska |
STATE
v.
SPARKS.
No. 15,136.
Supreme Court of Nebraska.
July 12, 1907.
In prosecutions for obtaining money or property under false pretenses, the facts, when clearly proven, usually speak for themselves, and other proof of guilty knowledge and intent is not required.
In such cases evidence that the accused at other times and places, by acts independent of and not connected with the transaction complained of, has committed like offenses, should not be received to aid in establishing his guilt.
When, however, the transaction on which the prosecution is based is of such a character as to require other or further proof, on the part of the prosecution, of the defendant's guilty knowledge and intent, evidence that he has committed like crimes in a similar manner, at or about the same time, or as a part of the same general scheme to defraud, may be received for that purpose.
Exceptions to District Court, Gage County; Kelligar, Judge.
John H. Sparks was indicted for obtaining money under false pretenses, and acquitted, and the state brings exceptions. Exceptions sustained.
[113 N.W. 155]
M. W. Terry, L. M. Pemberton, and S. D. Killon, for the State.
Fulton Jack, for defendant.
BARNES, J.
This case is before us on state's exceptions taken and prosecuted under the provisions of sections 483, 515, and 516 of the Criminal Code Procedure. It appears that the defendant, John H. Sparks, was tried in the district court of Gage county on an information charging him with obtaining a warrant from said county, of the value of $539.04, by means of certain false pretenses. The substance of the information was, that the defendant on the 14th day of July, 1904, did falsely, knowingly, and unlawfully pretend that he had built a certain bridge in said county, and had a just and true claim against Gage county for the sum of $539.04 for building said bridge, which was due and wholly unpaid; that he made a charge and claim against said county for said sum for building said bridge, and, having duly verified it, filed it with the county clerk, and thereby pretended that he had built said bridge; that said sum was due and owing him therefor, and procured the county to issue him a warrant for said sum; that said representations were false; that he had not built a bridge as represented, which had not been paid for; that he did not have a just and true claim against said county for building said bridge; and that there was not due and owing him from said county for building said bridge said sum of $539.04, or any other sum. The jury found the defendant not guilty, and from the rulings of the trial court, excluding certain evidence offered by the prosecuting attorney, the exceptions herein are prosecuted.
The record discloses that the state introduced competent evidence which showed that on July 14, 1904, defendant filed claim No. 11,520 with the county clerk of Gage county for $539.04, for building a bridge between sections 31 and 32 in Island Grove township, in said county; that said claim was allowed by the county board, and paid to the defendant by warrant No. 329. The evidence also shows that on December 3, 1903, claim No. 10,808, for $512.45 for building the same bridge at the same place, was filed with the county board; that said claim was allowed and paid by warrant No. 129. It appears, however, by the state's evidence that the last–mentioned claim was not in the handwriting of the defendant, but was made out and filed by one E. V. Martindale, who was employed in the defendant's office at St. Joseph, Mo. The evidence further shows that the bridge in question was first built between sections 27 and 34...
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