Harris v. State

This was an indictment for obtaining money under false pretenses, an offense penalized by Section 13104, General Code. The false pretense charged therein is that the defendant “would pay the fine and costs taxed against Clyde Allen in a certain liquor case,” and that defendant obtained certain money therefor from the prosecuting witness. It has been early established by this court that the falsity of the pretense must relate to a past or an existing fact. Dillingham v. State, 5 Ohio St., 280.

From this indictment it appears that the representation made was that the accused would pay a fine and…