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Barker v. State

Wyoming Supreme Court
599 P.2d 1349 (1979)


Facts

Kenneth L. Barker (defendant) opened a checking account with the First Wyoming Bank of Rawlins (the Rawlins Bank). Barker then had the Rawlins Bank prepare a “customer’s draft” so that a Montana bank could wire $30,000 into his Rawlins Bank account. However, Barker had no active bank account in a Montana bank. The following day, Barker cashed a $500 check on his account at the Rawlins Bank without bank employees verifying that the $30,000 had been deposited from the Montana bank. Shortly thereafter, the Montana bank returned the customer’s draft unpaid. Barker was charged with, and convicted of, obtaining property by false pretenses in violation of Wyoming statute § 6-3-106. Barker appealed, arguing that the state’s insufficient funds statute, § 6-3-110, precluded his conviction under § 6-3-106.

Rule of Law

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Issue

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Holding and Reasoning (Rose, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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