Barker v. State
599 P.2d 1349 (Wyoming 1979)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Barker (D) opened a checking account in a Wyoming bank. D falsely represented that he had $30,000 in a Montana bank. D had a Wyoming bank prepare a draft directing the transfer of the money from Montana. D then returned the next day to the Wyoming bank and cashed a check for $500 against his new account. The bank did not check to see if D had money in the Montana bank. D's draft was returned unpaid. D was convicted of obtaining property by false pretenses. D appealed: he should have been convicted under a Wyoming misdemeanor statute for using an insufficient funds check either to obtain property or in satisfaction of an obligation rather than a felony under the false pretenses statute. D contended that both laws proscribe the same act and that because the false pretenses statute was enacted prior to the insufficient funds statute, it was impliedly repealed.
Issues
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Holding & Decision
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