STATE v. FOLEY

No. 148-81.

443 A.2d 452 (1982)

STATE of Vermont v. John F. FOLEY.

Supreme Court of Vermont.

February 2, 1982.


Attorney(s) appearing for the Case

Robert V. Simpson, Jr., Chittenden County Deputy State's Atty., Burlington, for plaintiff.

Jeffrey Brian Miller, Burlington, for defendant.

Before BARNEY, C. J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.


HILL, Justice.

The defendant John Foley was charged with two counts of obtaining money by false pretenses in violation of 13 V.S.A. § 2002. The gist of the charges was that the defendant had twice issued bad checks. The defendant moved to dismiss on the ground that the bad check statute, 13 V.S.A. § 2022, had impliedly repealed the false pretenses statute for cases involving a theft by check. The Chittenden District Court denied the motion, and certified...

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