Opinion
Gen. No. 41,666. (Abstract of Decision.)
Opinion filed May 19, 1941
FALSE PRETENSES, § 27 — variance. In prosecution for obtaining money by false pretenses, where defendant automobile dealer allegedly told a finance company he had sold a car for $190 and received a down payment of $40, whereas he actually sold the ear for $145 and received a $2 down payment, proof that defendant obtained a check, not money, from the finance company, constituted a fatal variance, and court also erred in admitting evidence of other unrelatod offenses.
See Callaghan's Illinois Digest, same topic and section number.
Error to Municipal Court of Chicago; Hon. JOHN V. McCORMICK, presiding.
Reversed and remanded. Heard in first division, first district, this court at April term, 1941.
Louis Levy, Lawrence E. Dowd and Ellis Westbrooks, for plaintiff in error;
Richard E. Westbrooks, of counsel;
Thomas J. Courtney, State's Attorney, for defendant in error;
Edward E. Wilson, John T. Gallagher and Melvin S. Rembe, Assistant State's Attorneys, of counsel.
"Not to be published in full." Opinion filed May 19, 1941.