False pretense — Sufficiency of evidence.
Upon a trial for having with intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person, any money, personal property, or valuable thing, the defendant cannot be convicted if the false pretense was expressed in language, unaccompanied by a false token or writing, unless the pretense or some note or memorandum thereof be in writing, subscribed by or in the hand writing of the defendant, or unless the pretense be proven by the testimony of two (2) witnesses, or that of one (1) witness and corroborating circumstances; but this section shall not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying, or receiving any money or property.
Notes of Decisions
Cited in
3
cases, 1956–1984 · leading case:
State v. Urie, 437 P.2d 24 (Idaho 1968).
State v. Urie, 437 P.2d 24 (Idaho 1968).
· cites it 4× “It should simply be stated that in the crime of obtaining money under false pretenses, when the representations have been proven in accord with I.C. § 19-2116, and the defendant has confessed that the representations were false, the judgment may be upheld even though there is no…”
State v. McCallum, 295 P.2d 259 (Idaho 1956).
· cites it 2× “7 then gave the pertinent parts of the false pretenses statute, I.C. § 19-2116, as to the sufficiency of evidence requirements in cases of this nature.”
State v. Krepp, 688 P.2d 1219 (Idaho Ct. App. 1984).
· cites it 6× “Idaho Code § 19-2116 provides as follows: False pretense — Sufficiency of evidence.”
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