¶1dissenting. I dissent because I think the complaining witness, Bill W. Willis, used the criminal laws of this state, by and with the aid and consent of local townspeople, to try to collect a civil debt. According to the record Mr. Willis sold the appellant a 16 foot shop-made trailer for $900 on credit. In fact appellant executed a promissory note which was due on the 17th day of January, 1980. The seller also gave a bill of sale to the appellant. After the shop-made trailer was loaded for the first time, in Houston, Texas, it developed problems which necessitated repair. Appellant called Willis on January 17, 1980, and tried to get Willis to deduct the cost of repairs from the price of the trailer. Appellant called Willis again on January 19, 1980, from his home and advised him of the difficulties he was having with the trailer. I think the facts clearly reveal that appellant had financial problems and was unable to pay the promissory note when it was due. Within a few days after the note was due Willis caused criminal charges to be filed against the appellant.
¶2I suppose the reason no cases are cited in the majority opinion is that this may be the first time the state of Arkansas has imprisoned a person for debt. I certainly hope the practice will not extend to other credit purchases such as automobiles. On two occasions the Arkansas Court of Appeals has construed Ark. Stat. Ann. § 41-2205 (1) (Repl. 1977). Wiley v. State, 268 Ark. 552, 594 S.W.2d 57 (1980) and Cates v. State, 267 Ark. 726, 589 S.W.2d 598 (1979). In Wiley the accused had purchased building material from the prosecuting witness. Wiley promised to pay for the materials on a certain date but he failed to pay. The prosecuting witness went to the site where the materials were to be used and found a vacant lot. The Court of Appeals reversed and dismissed the conviction of theft by receiving. In Cates the defendant received money to pay off liens but instead converted the money to his own use. The Court of Appeals also reversed and dismissed that conviction.
¶3Our own court has held that “A false representation as an inducement to pay money that something thereafter was to be or was not to be done is not a false pretense.” Bakri v. State, 261 Ark. 765, 551 S.W.2d 215 (1977). We also reversed and dismissed a conviction for false pretense in the case of Ross v. State, 244 Ark. 103, 424 S.W.2d 168 (1968). The defendant had borrowed money from a bank to purchase cattle. The bank was supposed to have a lien on the cattle. Ross never purchased the cattle but instead converted the money to his own use. Ross was cited with approval in Dean v. State, 258 Ark. 32, 522 S.W.2d 421 (1975) wherein Dean was convicted for falsely pretending that he would buy cattle with $2,500 he borrowed from the complaining witness. In Dean we held that any misrepresentation or assurance in relation to a future transaction may be a promise or covenant or warranty, but cannot amount to a statatory false pretense.
¶4This court has many times held that a person may not be placed in jail for willful failure to pay a debt or judgment. Leonard v. State, 170 Ark. 41, 278 S.W. 654 (1926).
¶5I am of the opinion that Mr. Willis sold his trailer on credit to a bad risk. Therefore, the state should not come to his aid by lending its overworked criminal justice system to collect a debt.