Tolstoy

Defendant was charged with causing a false message by telegram to be sent to her former husband with intent to deceive, injure or defraud him in violation of Penal Code, section 474; was found guilty by a jury’s verdict; was placed on probation; and appeals, contending the evidence is not sufficient to support a finding she sent the telegram with intent to deceive, injure or defraud. Defendant was the mother of two sons, Richard and Steven, of whom her former husband was the father. The boys lived with her and their stepfather. Richard, age 15, became “difficult to manage” and because of this fact, and also because of the financial burden, defendant sent him to Michigan to live with her sister. Previously defendant allegedly attempted to discuss these problems with Richard’s father, her former husband, but he refused to discuss the same. On the day Richard left for Michigan defendant sent the following telegram to her former husband: “Richard dead. Remains cremated. Sent to rest with my Dad in midwest. ’ ’

The former husband who was working in Arizona, received the telegram; left for California; and enroute to defendant’s home ascertained Richard had not died.

Defendant contends…