Criminal Law keyed to Dripps
Barker v. State
After Kenneth L. Barker (Defendant) opened a checking account with a Wyoming Bank, Defendant had the Wyoming Bank prepare a customer’s draft to have a Montana Bank wire $30,000 into his account at the Wyoming Bank. However, Defendant did not have an active bank account at the Montana Bank. The next day, Defendant cashed a check for $500 in his Wyoming Bank account without bank employees validating that the $30,000 had been deposited from the Montana Bank. Subsequently, the Montana Bank returned the customer’s draft as unpaid. Defendant was then charged with obtaining false pretenses in violation of Wyoming’s statute § 6-3-106. After Defendant was convicted, Defendant appealed, arguing that Wyoming’s insufficient funds statute (§ 6-3-110) barred his conviction under Wyoming’s false pretenses statute (§ 6-3-106).
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