Thuma v. R. Crim App. 355-M-66; 7/1/67; Platt, J.

Thuma v. R. Crim App. 355-M-66; 7/1/67; Platt, J.

Accused was convicted of obtaining by false pretenses (P.C. s. 302). Charges against a co-accused were dropped, but fresh charges against the accused were not filed. The several payment which accused allegedly obtained were all charged in a single count.

            Held: (1) Each of the several payments must be covered in a separate count unless the charge is that they were paid simultaneously. (2) A fresh charge should be made against persons still charged when charges against co-accused are withdrawn. (3) Intent to defraud must be expressly alleged and proven by the prosecution.