State v. Clermont

495 P.2d 305 (1972)

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Nature of the Case

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Facts

The Shrine Club sponsored a traveling circus. The circus sent its personnel to handle advance ticket sales. The ticket manager for the circus hired four telephone solicitors, who were to contact business firms in the area to sell tickets. When a sale was made over the telephone, the manager would send out a collector to deliver the tickets and collect the money therefor. The tickets were printed by a firm in California. Each ticket contained an identification number. D and a third party were staying with Mr. Evans, one of the hired solicitors. D and the third party arranged to have 2,000 spurious Shrine circus tickets printed. The fake tickets were not individually numbered. D caused 10 of the spurious tickets to be delivered to a Grants Pass shop whose owners paid $10 therefore. A few days after the purchase, one of the owners of the shop turned the tickets over to the police. Neither the shop owners nor any of their customers ever had an opportunity to use them. The Shrine Club informed the police it would honor any ticket presented by a child. D was convicted of receiving money by false pretenses. D appealed in that the crime of obtaining money by false pretenses is not a crime of the future, but a crime of misrepresenting a past or present fact and the tickets would be honored by the Shrine Club.