ing People v. Watson (1935), 154 Misc 667, 278 NY Supp 759, affd 282 NY Supp 235; People v. Hillhouse (1890), 80 Mich 580, 586, 45 NW 484, 486; State v. Goldsberry (1945), 160 Kan 138, 160 P2d 690, 697; and other authorities.) The Code seeks to punish the person who deprives another of his property permanently by means of a representation he knows to be false. It cannot be extended to cover a case of one who honestly believes his representation to be true, even though that belief is erroneous, or not justifiable, or ill-founded, or based upon information which a reasonably prudent man would consider insufficient.

Held also: In view of the fact that the erroneous instruction was framed in the wording of the Manual for Courts-Martial and completely confused the one fundamental standard by which the sole issue in the case was to be determined, the Court of Military Appeals will review the error, regardless of a failure of the accused to take an exception to the instruction as given or request a clarification. United States v. Rowan (No. 3635), ↳ USCMA 430, 16 CMR 4.