99 Mich. 333 | Mich. | 1894
Defendant was charged in the information with having, by means of false representations and pretenses, made with intent to cheat and defraud, secured from Charlotte E. Levanway, the sum of $6.83.
“We have written nearly $2,000,000 in certificates of insurance. We also have a large, increasing reserve fund. We have never had to pay a death loss, which makes the U. L. of A. the largest and best society of its age in the world. * * * We are the only society, with a charter issued under the laws of the State of Michigan, that takes members over 65 years of age. * * * No discrimination between sex and age. Insure all ages from 21 to 85,” etc.
Evidence was introduced showing, or tending to show, that the society had no money in its treasury, and did not have any fund on hand, called a “Reserve Fund,” to meet losses. The evidence returned is very meager, and it is not claimed that it is all here; but we think it sufficiently
“So far as the case shows now, it shows no society, but shows a gigantic fraud."
We are not able to say that this was not true, or that the court was not justified in making the remark. There is nothing in the record showing that it was not a fact undisputed in the cáse, but, instead, the record appears to bear out this statement. This language had no reference to the defendant, but to the company. Again, the record ■shows no exception to these remarks, and for that reason •counsel cannot be heard to complain in this Court for the first time.
Tbe case comes up on exceptions before sentence. Tbe conviction must be affirmed, and tbe court directed to proceed to judgment.