Morgan v. State
Supreme Court of Arkansas
APPEAL from Hot Spring Circuit Court, Hon. J. M. Smith, Special Judge. The fact that Fisher was induced to engage board by means of false representations as to a past or existing fact, not having any connection with the hotel or its business, is not a public offense. There must be something obtained feloniously, with intent to cheat or defraud the party from whom it is obtained.
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APPEAL from Hot Spring Circuit Court, Hon. J. M. Smith, Special Judge. The fact that Fisher was induced to engage board by means of false representations as to a past or existing fact, not having any connection with the hotel or its business, is not a public offense. There must be something obtained feloniously, with intent to cheat or defraud the party from whom it is obtained. (Gantt’s Digest, sec. 137%.) The ingredients of the offense are obtaining goods or money by false pretenses, and with an intent to defraud. 1 Caldwell {Term.), 333. The representations were not of such a character as…
1Opinion of the CourtEakiN, J.
Morgan was indicted in Garland County, and, upon change of venue to Hot Spring County, was convicted and sentenced to a year’s imprisonment in the penitentiary. This is the indictment:
1. Indictment: Obtaining goods under false pretense.
“ The grand jury, etc., * * * accuse M. T. Morgan of the crime of ‘ false pretenses ’ committed as follows to wit: ‘On the twenty-fifth day of May, 1882, one Walter Eisher, a resident of the State of Kentucky, arrived as a visitor in the city of Hot Springs, with the purpose fixed in his mind of procuring board and lodging at the same hotel, or boarding-house,…
2Cited by3 opinions
- State v. ChambersSupreme Court of Iowa · 1917
- United States v. RushDistrict Court, E.D. Washington · 1912
- Higgins v. StateSupreme Court of Arkansas · 1920