Carey v. State

Lowe, J., delivered the opinion of the Court. Appellant was convicted of false pretenses by a jury in the Circuit Court for Montgomery County, Judge David L. Cahoon presiding. On April 3rd, 1971, appellant rented a 1971 Dodge Polaris from Hans Raab, owner of “Budget-Rent-A-Car Nine” in Bethesda, Maryland. Mr. Raab testified that appellant executed a lease and left a personal check for fifty dollars as deposit.

Several days later the car had not been returned but the check had, marked “Drawn on a closed account.” An employee of First National Bank of Maryland testified that the account upon which the check was drawn had been closed on March 19th, 1971, at which time there was a “zero” balance. No additional deposits were made. On the evening of April 10th, appellant returned the automobile to Budget. Although the office was closed at the time, Mr. Raab watched the appellant drive the automobile to the station, leave it there, and enter a waiting taxi.

Motion for judgment of acquittal was denied. The appellant then put on his case. At the conclusion of all the evidence, the judge denied appellant’s renewed motion for judgment of acquittal, and the jury found him guilty as charged. Maryland Code, Art. 27, Sec. 140, defining the crime of false pretenses, requires proof of the fraudulent acquisition of ownership, not mere possession.

Farlow v. State, 9 Md. ⁶⁹⁷ App. 515, 517-18 . This requirement, which necessitates a showing of the intention of the owner as well as the accused, is clearly set forth in Clark and Marshall, Crimes (7th Ed.) Sec. 12.23, p. 925: “It is also necessary that the owner