(Download) "State Missouri v. Richard D. Wright" by Kansas City District Missouri Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Richard D. Wright
- Author : Kansas City District Missouri Court of Appeals
- Release Date : January 05, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In the case before us defendant was tried for obtaining airplane tickets by use of another person's credit card. The information charged that the act was done feloniously. The jury was instructed under the felony false pretense statute. The jury found defendant guilty and fixed his punishment within the limitations of that felony statute as the court had instructed it to do. Thereafter the trial court concluded that defendant's crime, if any, based upon the factual allegations of the information and the evidence presented, amounted to only a misdemeanor. Defendant moved for new trial but the motion was denied. The court simply reduced the punishment to within the limitations provided for the misdemeanor violation. Defendant has appealed. Did the trial court have the right to do this or did it exceed its authority in so doing? That is the ultimate and basis question before us. The information alleged that defendant Richard D. Wright at the county of Clay, and state of Missouri, on September 19, 1965, ""willfully and feloniously with intent to cheat and defraud, did obtain from Trans World Airlines, a corporation"", ""airline tickets by means and by use of trick or deception and false and fraudulent representation or pretense"", and did present to TWA an American Express credit card made to one Jack Borders and did ""falsely represent himself to be the said Jack Borders"" and TWA, relying on said false representation, ""did deliver to defendant valuable airline tickets"". Typewritten on the back of the information is the following: ""Sec. No. 561.450, Missouri Revised Statutes"".