168 Wis. 183 | Wis. | 1918
The first ground upon which a reversal is claimed is that the information did not charge an offense. It is claimed that the information does not allege what the false representations were; that it is not alleged that the defendant represented the power of attorney to be anything other than it was; and that the information did not allege that Mrs. Remich relied upon the false representations of the defendant.
Under the facts in this case it was very difficult to' describe and state with exactitude the representations which were in fact made, for the reason that they consisted largely of conduct and a course of dealing rather than of oral misrepresentations. It appears that the representations were
It is further claimed that the evidence is not sufficient to support a conviction of the offense charged. It appears that in 1915 the defendant rented rooms in the rear of Mrs. Remich’s house, where he lived for about nine months; that he became very well acquainted with Mrs. Remich and that he lived there almost as a member of the family. In May, 1916, in the presence of Mrs. Remich’s relatives, he agreed to sell the property upon which the house was located. In August, 1916, he brought purchasers to the house, and Mrs. Remich supposed that this was in connection with the proposed sale. Mrs. Remich was eighty-one years of age and her business for some years past had been transacted mainly by her daughter, Mrs. Manney, with whom she lived. On the day that the purchasers were brought to the house and the power of attorney was signed the defendant knew that Mr. and Mrs. Manney were absent from the city. Mrs. Remich went to the defendant’s office to sign the power of attorney, and while there she was asked by an employee of the defendant if she knew what she was signing and she said she did, but she did not attempt to state what the nature
The case presents some 'rather unusual features. The false representations made were rather meager, but it is undisputed that they were sufficient R> deceive Mrs. Remich, and upon the whole case the jury were satisfied beyond a reasonable doubt as to the guilt of the defendant, and we see no reason, after carefully considering the evidence, why the judgment should be disturbed.
By the Court. — Judgment affirmed.