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People v. Shirley

Supreme Court of California

360 P.2d 33 (1961)

Relevant factsFree

Tressie Shirley (defendant) received welfare aid for herself and her children and was repeatedly told to report any change in income or household members; she told a caseworker her only income was her welfare allotment and two children's earnings, with no other adults in the home. A social worker later found Shirley's husband living there, having contributed roughly $800 over six months that Shirley never reported. The unreported changes caused an $1,811 overpayment, and Shirley was convicted of grand theft by false pretenses after a jury was instructed that a live-in male partner's income counts like a stepfather's for benefit calculations.

IssueFree

Whether a defendant is guilty of theft by false pretenses for obtaining money or property through false representations of fact made with intent to defraud.

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