Opinion
No. 40247
Decided March 22, 1967.
Criminal law — Indictment — Charge of obtaining "money" by fraud — Evidence tending to prove "check" obtained by fraud — Failure of proof.
APPEAL from the Court of Appeals for Lucas County.
The defendant, Pittman, appellant herein, was indicted for unlawfully obtaining "possession and title of certain money in the amount and value of seventy-two and 50/100 dollars ($72.50), the property of Glen J. Liebherr, with the consent of the said Glen J. Liebherr, induced by false and fraudulent representations, pretense, token and writing."
The defendant pleaded not guilty and was tried to a jury, found guilty as charged in the indictment, and sentenced.
The Court of Appeals affirmed the judgment of the trial court.
The allowance of a motion for leave to appeal brings the cause to this court for review.
Mr. Harry Friberg, prosecuting attorney, and Mr. Jos. J. Jan, for appellee.
Mr. Jude F. Sutter, for appellant.
The indictment charges that money was obtained in the amount of $72.50. The evidence tended to prove that the thing obtained was a check for $72.50. "Money" and "check" are not synonymous. The state failed to prove the charge in the indictment. The judgment of the Court of Appeals is reversed.
Judgment reversed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.