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Charges of obtaining money un der false pretenses against Lloyd Jaffe, 29, former Kenoshan, were dismissed by County Judge W. W. Davis after preliminary hearing. Jaffe was held on four counts of obtaining money by false pre tenses in the sale of photographs to Kenosha and county housewives. Judge Davis ruled that evidence presented at the preliminary hear ing, held on March 31 and April 9, failed to warrant binding over the case to municipal court for trial The decision was handed down aft er being taken under advisement. In his decision he said, “One can not be convicted of such an offense by obtaining money or orders for goods to be delivered in the future, even though the person obtaining the money on such promises has no intention of delivering the goods at the time the orders are taken. Decision Given “There is no question in the court’s mind but what the intent to defraud existed in the mind of Jaffe at the time he took the orders for pictures and this is borne out by his action in leaving the city without completely fulfilling his contract with any of the parties in volved. “Nevertheless, despite the fact that the intent to defraud was“un doubtedly present, there is a com plete lack of any misrepresentation of any existing fact which was re lied upon by any of the parties de frauded.” Judge Davis further ruled that “failure to perform the promised acts is a civil action rather than a criminal prosecution. It is with re gret that the court feels obliged to dismiss the criminal proceedings against Jaffe, but the fact remains that criminal process cannot be substituted for civil process no mat ter how inadequate the latter may be.”
Newspaper Details
Kenosha Evening News
Kenosha, Wisconsin, US
Wed, Apr 23, 1947
Page 7
Full Page
Clipped by
Sahara S.
USA 11 May 2026
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