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Perritt v. State9/23/2005
is supplemented by some statutory definitions. For instance, "' erson' includes an individual, partnership, corporation, joint stock company or any other association or entity, public or private." Wyo. Stat. Ann. § 6-1-104(a)(vii) (LexisNexis 2005). "Property" is defined as: "anything of value whether tangible or intangible, real or personal, public or private." Wyo. Stat. Ann. § 6-1-104(a)(viii) (LexisNexis 2005).
[ ] The State's theory of the case was that Perritt's false pretense was her failure to disclose that her husband Kris was living in her home during the period September 26, 2000, through December 31, 2001. Furthermore, the State argued that she concealed that fact so that she could collect money from DFS on behalf of parents who were eligible for day care services. The State also asserted that Perritt received eighteen checks from the State in the total amount of $25,938.21. It is not contended that Perritt did not actually perform the services for which she was paid, rather it is contended that she was not entitled to those payments because of her false representations to DFS about her husband. The jury was given these instructions in that regard:
Instruction No. 7
The elements of the crime of Obtaining Property by False Pretenses, as charged in this case, are:
1. On or about September 26, 2000 through and including on or about December 21, 2001;
2. In Natrona County, Wyoming;
3. The Defendant, Laura Lee Perritt;
4. With the intent to defraud another person, towit: the State of Wyoming;
5. Knowingly obtained property from that person, to-wit: the State of Wyoming;
6. By false pretenses; and
7. That the value of property obtained was $500.00 or more.
If you find from your consideration of all the evidence that each of these elements has been proved beyond a reasonable doubt, then you should find the Defendant guilty. If, on the other hand, you find from your consideration of all the evidence that any of these elements has not been proved beyond a reasonable doubt, then you should find the Defendant not guilty.
[ ] The jury was also given the statutory definitions of "person" and "property." The jury was informed that DFS is an agency of the State of Wyoming. This instruction was also given: "YOU ARE INSTRUCTED that a license is not property as between the licensing authority and the license holder. A license is merely a privilege to be granted or denied." We note for the purpose of clarity that, although the statute speaks of a certification process and the piece of paper issued is denominated a "certificate," DFS referred to this process as licensing in its rules and regulations and in its organizational structure, and routinely referred to the "certificate" as a "license." This lack of discipline in the use of terminology is of no consequence to the resolution of this case.
[ ] The jury was also instructed:
Instruction No. 12
You are instructed that to prove the crime of Obtaining Property by False Pretenses it is sufficient if you are satisfied beyond a reasonable doubt that the pretense proved to be false was a controlling part of the moving causes inducing the owner to part with its property -- regardless of the presence of other inducing factors or statements which may have been true.
[ ] The crime of false pretenses has deep roots in Anglo-American law. That crime is defined in slightly different ways in the various jurisdictions but as a general rule has five elements: (1) a false representation of a material present or past fact (2) which causes the victim (3) to pass title
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