Barker v. State

599 P.2d 1349 (Wyoming 1979)

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Nature of the Case

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Facts

Barker (D) opened a checking account in a Wyoming bank. D falsely represented that he had $30,000 in a Montana bank. D had a Wyoming bank prepare a draft directing the transfer of the money from Montana. D then returned the next day to the Wyoming bank and cashed a check for $500 against his new account. The bank did not check to see if D had money in the Montana bank. D's draft was returned unpaid. D was convicted of obtaining property by false pretenses. D appealed: he should have been convicted under a Wyoming misdemeanor statute for using an insufficient funds check either to obtain property or in satisfaction of an obligation rather than a felony under the false pretenses statute. D contended that both laws proscribe the same act and that because the false pretenses statute was enacted prior to the insufficient funds statute, it was impliedly repealed.