Summary of People v. Ashley
S. Ct. CA 1954
Facts: Mr. Allen obtained the title to $400 in his possession as agent of the owner.
Issue: Whether the df’s possession of the money as an agent by false pretenses is sufficient to render a conviction under the statute?
Procedure: The plaintiff in error was convicted of obtaining $400 in money by false pretenses, the verdict and judgment are not contrary to the weight of the evidence, judgment Affirmed.
Rule: One who is in possession of money belonging to another and obtains the title by false pretenses, he is guilty of the statutory offense of obtaining money by false pretenses.
Ct Rationale: It is not a matter of concern as to whether she paid him the money out of her own pocket, or whether it was money which he had collected and held for her as her agent. As the statute provides for punishing whoever 'obtains' anything of value by false and fraudulent pretenses.
PL A: The DF obtained the title to the money by false and fraudulent pretenses.
Def A: The conviction could not be had for obtaining money of which the accused already had the possession.