Summary
The Supreme Court of Wyoming reversed Christina Carole Maycock’s conviction for obtaining property by false pretenses. The court held that, although Maycock misrepresented her marital status on an insurance enrollment form, the State failed to prove that the Campbell County Cemetery District relied on the misrepresentation when paying for insurance coverage. The court remanded with directions to vacate the judgment and sentence and dismiss the amended information with prejudice.
Holdings
- The evidence was insufficient to sustain Maycock's conviction because the State failed to prove that the Cemetery District relied on her misrepresentation as the determining factor in paying for Bill Maycock's insurance coverage.
Questions Presented
- Whether the evidence was sufficient to prove beyond a reasonable doubt that the Cemetery District relied on Maycock's false representation and was thereby defrauded of insurance premiums.
- Whether the trial court violated the best evidence rule by allowing testimony about the contents of an insurance policy without requiring the policy to be admitted into evidence.
Disposition
reversed_and_remanded
Cases Cited (5)
- Trevino v. State, 2006 WY 113, ¶ 9, 142 P.3d 214, 217 (Wyo. 2006)(followed)
- Lopez v. State, 2004 WY 28, ¶ 16, 86 P.3d 851, 857 (Wyo. 2004)(followed)
- Lopez v. State, 788 P.2d 1150, 1152 (Wyo. 1990)(followed)
- Miller v. State, 732 P.2d 1054, 1062-63 (Wyo. 1987)(followed)
- Driver v. State, 589 P.2d 391 (Wyo. 1979)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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