People v. Tolstoy

COUGHLIN, J.

Defendant was charged with causing a false message by telegram to be sent to her former husband with intent to deceive, injure or defraud him in violation of Penal Code, section 474; was found guilty by a jury’s verdict; was placed on probation; and appeals, contending the evidence is not sufficient to support a finding she sent the telegram with intent to deceive, injure or defraud. Defendant was the mother of two sons, Richard and Steven, of whom her former husband was the father. The boys lived with her and their stepfather. Richard, age 15, became “difficult to manage” and because of this fact, and also because of the financial burden, defendant sent him to Michigan to live with her sister. Previously defendant allegedly attempted to discuss these problems with Richard’s father, her former husband, but he refused to discuss the same. On the day Richard left for Michigan defendant sent the following telegram to her former husband: “Richard dead. Remains cremated. Sent to rest with my Dad in midwest. ’ ’

The former husband who was working in Arizona, received the telegram; left for California; and enroute to defendant’s home ascertained Richard had not died.

Defendant contends the evidence is not sufficient to establish her intent to defraud, deceive or injure her former husband in sending the subject telegram to him in that there is no showing she intended him to “act or forbear from acting to his substantial detriment or harm as a result of relying upon the false telegram message. ”

The intent to deceive which is an element of the subject offense, is multiple in scope, embracing an intent that the person to be deceived shall accept the false statement as true, shall rely thereon, and in reliance thereon shall act in a manner he otherwise would not have acted to his detriment or

[24]

injury.

(People

v.

Chadwick,

143 Cal. 116, 121 [76 P. 884] ;

People

v. Reed, 113 Cal.App.2d 339, 353, 355 [248 P.2d 510] ;