Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-20
lin the Supreme Court

The State of North Dakota, plaintiff
and respondent, vs.. Charles F. Mer-
ry, defendant and appellant.
l. The defendant was tried, con-
victed and sentenced upon an intor-
nation charging in substance that ne,
with intent to cheat and defraud one
John G. Johns out of his property and
money, did falsely pretend to said
Johns that he, the said defendant,
was duly authorized agent of the
Commercial Club of Dickinson and
was authorized to solicit and collect
money for immediate use In paying
for the work of preliminary survey
and other necessary work or organ1-
cation in connection with building q
proposed railroad from Williston to
Dickinson and Hettinger, and that
Johns, believing said false pretenses
and representations, and being de-
ceived thereby, did then and there de-
liver to said defendant, check of
the value of 500, etc. Held, that
the Information states facts sufficient
to constitute the crime of obtaining
property by false pretenses.
2. Whenever the intent or guilty
knowledge of a party accused with
crime is a material ingredient in the
issue of the case, other acts and dec
larations of similar character tend
ing to establish such intent or knoWl'
edge, are proper evidence to be ad'
mitted, provided they are not too re-
motely connected with the Ofense
charged.
3. 1t is not necessary, to const1'
tute the offense of obtaining property
by false pretenses, that the owner
has been induced to part with his
property solely and entirely by pre-
lenses which are false: nor that the
pretenses be the paramount cause OF
delivery to defendant. 1t is sufficient
if they are part Of the moving cause.
and, without them, the defrauded
party would not have parted with his
property.
4. The mere fact that the money
was to be used in paying the cost OF
a preliminary survey, and for the or
ganization of the railway company
would make no difference. 1t would
not help defendant even though he
used the money for these purposes
The fact that he obtained the check
by false representation is the gist
of the offense. The criminal charac
ter of the act is not determined by
the subsequent use Of money, but by
the means used in obtaining 1t.
5. Under section 9246, R. c. 1905
the offense is complete when such
person parts with his property.
s. Objections on the ground that
the questions we're leading, cannot
be raised for the first time on ap
peal.
7. Evidence examined and held
sufficient to sustain the verdict.
8. Appellant was sentenced to i'm
prisonment in the county Jail OF Ad
ans county for period of eigh,
months, to pay fine Of 5000 and the
costs of prosecution, taxed at the sum
of $500; and in default of said fine
and costs, to be imprisoned in the
county jail of Adams county for q
further period Of two months. Sec
ton 1904, R. c., 1905, provides fol
such a Judgment. Hence no error
was committed by the court in rem
dering such judgment.
Syllabus by the court.
Appeal from the district court OF
Stark county; Burr, ].
Action by the state of North Da
kota against Charles F. Merry.
From a judgment in favor of plain
till, and from an order denying mo-
ton for a new trial, defendant ap
peals.
Affirmed
M. A. Hildreth, for appellant
Andrew Miller, attorney general; M
L. Mcbride, states attorney of Stark
county, and P. D. Norton, states at
torney of Adams county, for respond
ent.
Opinion of the court by Carmody
j., all concurring.
Catherine Meigen, plaintiff and ap
pellant, VS.. William E. Chandler
substitute for Josephine Chandler
and D. F. Chandler, defendants and
respondents.
l. Where the contest is between
the husbands creditors and the wife,
over property which the wife claims
but which there are probable grounds
for believing belongs to the husband,
it is incumbent on the wife to show
by satisfactory evidence that she pur-
chased and paid for the property
from her separate estate.
2. Evidence reviewed, and held to
establish that the conveyance in the
case at bar were fraudulent as to
plaintiff.
Appeal from the district court Of