People v. Cage

410 Mich. 401 (1981)

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Nature of the Case

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Facts

D pled guilty to the charge of obtaining property having a value over $100 by false pretenses. D admitted that he went to a car dealer and obtained possession of a used car by telling a salesman that he would buy the car if he liked it after test driving it and having it 'checked out' at a local service station. D admitted that he had no such intention and made the statements in order to get possession of the car so that he could convert it to his own use. D appealed claiming that his misrepresentations related solely to future events or facts and not, as required for conviction of false pretenses under Michigan law, to past or present facts or circumstances. The court of appeals affirmed relying on Kinder v State, 477 SW2d 584, 586 (Tex Crim App, 1971) based on a showing that the promises are false ab initio. D appealed.