56 Neb. 696 | Neb. | 1898
A. L. Morgan was convicted in the district court of Cherry county of having on April 19, 1897, feloniously, fraudulently, and by false representations obtained the indorsement of Charles R. Watson to a certain draft for the sum of $50, contrary to section 125 of the Criminal Code. Morgan brings the judgment pronounced against him on that conviction here for review. On the trial of this case the state introduced evidence which tended to show that Morgan on April 19, 1897, represented to one
The state also, over objection of the prisoner, was permitted to prove by a man named Yeast that on April 17, 1897, Morgan was in his, Yeaist’s place of business at Valentine, Nebraska, and made similar representations to him as to his being a member of the firm of Morgan Bros, and engaged in the cattle business at Billings; and at said time and place induced him, Yeaist, to honor a draft drawn by Morgan, payable to himself, on the Yellowstone National Bank at Billings, Montana, by giving Morgan therefor two saddles of the value of $75, and $25 in money. We presume the district court permitted the testimony of Yeast to be given upon the theory that it tended to show the intent with which Morgan made the misrepresentations to Watson. It i,s the rule in some jurisdictions that the making of other false representations of a similar character may be shown as tending to indicate the fraudulent intent with which the representations in question were made. (State v. Rivers, 58 Ia. 102; State v. Jackson, 112 Mo. 585; State v. Walton, 114 N. Car. 783; Rafferty v. State, 91 Tenn. 655.) Of course this testimony was not admissible as res gestee; and though the misrepresentations made to Yeast were similar to those made to Watson, they were nevertheless made at different times and to different persons. Assuming that the misrepresentations made by Morgan to Yeast were made with intent to defraud him, we do not
Reversed and remanded.