Docket No. 12127.

42 Mich. App. 514 (1972)

202 N.W.2d 542


Michigan Court of Appeals.

Decided August 29, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

Welday, Goldstone, Boila & Ott, for defendant on appeal.

Before: V.J. BRENNAN, P.J., and McGREGOR and BRONSON, JJ.


Defendants were convicted by jury verdict of obtaining money under false pretenses in violation of MCLA 750.218; MSA 28.415. Each defendant was sentenced to one year probation, fined $150 and ordered to pay $60 in restitution for this offense constituting a misdemeanor.

The defendants challenge their conviction upon the basis that the people failed to prove the requisite elements of the offense charged. They claim that (1) "overcharging" is insufficient...

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