Criminal Law- False Pretenses – Partner Fraudulently Obtaining Partnership Funds

Defendant and another were equal partners in a used car business. Defendant took in an automobile, paying for it with his own funds. Representing that he had paid more than he actually had, he induced his partner to write him a check drawn on the partnership account. Defendant was indicted for obtaining half of the excess by false pretenses. The district court directed a verdict of acquittal. On appeal by the state, held, affirmed, three justices dissenting. A partner cannot be guilty of obtaining by false pretenses from the partnership; the statute in question specifies that it must be “from another,” whereas a partner has an interest in all the partnership assets. State v. Quinn, (Iowa 1954) 64 N.W. (2d) 323.