Jenkins v. State

— The defendant was indicted for obtaining forty dollars in money from .James P. Harbour by false pretense. There were two counts in the indictment. The jury found the defendant guilty as charged in the second count. The question presented is as to the sufficiency of the second count, to authorize a judgment of the law upon the verdict. We hold that it is not. The second count charges that the defendant “did falsely pretend to James P. Harbour, with the intent to defraud, that there was no lien, mortgage or any other incumbrance upon a certain sorrel mare, nine years old, and a piano box…