STATE v. ALLEN

No. 83-085.

507 A.2d 975 (1986)

STATE of Vermont v. John ALLEN.

Supreme Court of Vermont.

February 14, 1986.


Attorney(s) appearing for the Case

Raymond G. Bolton, Bennington Co. State's Atty., and Ralph H. Sheppard, Deputy State's Atty., Bennington, for plaintiff-appellee.

Andrew B. Crane, Defender Gen., and William A. Nelson, Appellate Defender, Montpelier, for defendant-appellant.

Before ALLEN, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.


UNDERWOOD, Justice.

This appeal requires us to determine whether the presentment for payment of a third party's check by a person who knows payment on that check has been stopped, but makes no express written or oral representation with respect thereto, constitutes the crime of obtaining money by "false pretenses" under 13 V.S.A. § 2002. We hold that it does and therefore affirm the judgment of conviction.

The defendant was employed as a CETA worker at...

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