Smith v. Commonwealth

Opinion of the Court by

Judge Carroll

Reversing.

The appellant Smith, under an indictment charging him with the crime of obtaining money under false pretenses, committed as follows, to-wit: “That said Smith did in the county and State aforesaid, on the 22d day of September 1909, and before the finding of this indictment, wilfully and feloniously say and represent to J. P. Thompson that he had purchased 750 sticks of tobacco from Gr. W. Blankenship, and said tobacco was then his *535property and then in his possession, and relying upon said statements as true and believing in the truth of same, the…