People v. Devon (1885) · DecisionDepot

People v. Devon

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Sep 28, 1885 No. No. 20,093Published

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Holding. The court reversed a conviction under Penal Code section 474 because the evidence established that the defendant lacked the intent to deceive and the recipient was not actually deceived.

Issues

Whether a conviction for willfully sending a false telegraph message can be sustained when the defendant lacked the intent to deceive and the recipient was not deceived.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“the defendant had not the slightest idea he was deceiving the person to whom the message was sent”

“the person to whom the message was sent was not deceived.”

Synopsis

Criminal Law—Sending' False Telegram.—A conviction of the crime of sending a false telegram is erroneous, and cannot be sustained, if from the evidence it appears that the defendant had not the slightest idea that he was deceiving the person to whom the message was sent, and that the person to whom the message was aeni was not deceived.

By the COURT. The defendant was convicted under section 474, Penal Code, of the crime of willfully sending a false message by telegraph, with the intent to deceive the person named in the information. The testimony clearly shows, without conflict, (1) that the defendant had not the slightest idea he was deceiving the person to whom the message was sent; (2) that the person to whom the message was sent was not deceived.

Judgment and order reversed and cause remanded to the superior court of San Joaquin county for a new trial.

McKee, J., expressed no opinion.

People v. Devon

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