(DOWNLOAD) "State Idaho v. Fred Arlin Boyenger" by Supreme Court of Idaho No. 11021 * eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Fred Arlin Boyenger
- Author : Supreme Court of Idaho No. 11021
- Release Date : January 09, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
On June 7, 1971, an information was filed charging appellant, Fred A. Boyenger, with the felony charge of false and fraudulent use of a credit card in violation of I.C. § 18-3113,[Footnote 1] and being a persistent violator of the law. Part I of the information in one count charged Boyenger with the false and fraudulent use of a credit card on two separate occasions in violation of I.C. § 18-3119,[Footnote 2] which makes two or more separate transactions within six months a felony when the aggregate amount of goods obtained exceeds $60.00. Part II of the information alleged that appellant had, on two earlier occasions, been convicted of felonies and charged him with being a persistent violator of the law. Appellant was tried on June 29, 1971. The Master Charge credit card that appellant allegedly used belonged to one Gary D. Enzminger of Meridian, Idaho, who testified that his credit card had been stolen from his home in December of 1970. The owner of a ladies clothing store in Burley, Idaho, testified that on January 4, 1971, appellant purchased merchandise totaling $57.68 with the credit card in question and a sales lady at another store in Burley testified that on January 4, 1971, Boyenger purchased merchandise valued at $36.03 with the Master Charge card in question, in both instances representing himself to be Gary Enzminger. The jury returned a verdict of guilty to the charge of false and fraudulent use of a credit card. The same jury was then read Part II of the information and appellant was tried on the persistent violator charge. On June 30, 1971, the same jury that found appellant guilty of false and fraudulent use of a credit card returned their verdict that the defendant is a persistent violator of the law. On July 19, 1971, following a presentence investigation, Boyenger was sentenced by commitment to the State Board of Corrections for a term not to exceed ten years.