Commonwealth v. Grady
Court of Appeals of Kentucky
Case 6. — INDICTMENT. APPEAL PROM HENRY CRIMINAL COURT. “ The offense consists in obtaining the money, and not in the means .used to obtain it.” The representation that he owned the property unencumbered was an existing fact if true; but it was false, and the pretense by which the money was obtained.
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Case 6. — INDICTMENT. APPEAL PROM HENRY CRIMINAL COURT. “ The offense consists in obtaining the money, and not in the means .used to obtain it.” The representation that he owned the property unencumbered was an existing fact if true; but it was false, and the pretense by which the money was obtained. (Commonwealth v. Van Tuyl, 1 Met. 3, 4; Commonwealth v. Haughey, 3 Met. 223-5.) A representation, though false, is not within the statute, unless calculated to deceive persons of ordinary prudence and discretion. (2 Wharton’s Criminal Law, secs. 2129, 2131; Commonwealth v. Haughey, 3 Met. 224-5.)
1Opinion of the Court
.JUDGE ELLIOTT
delivered the opinion of the court.
This is an indictment charging the appellee with having obtained the money and property of Presley O’Bannon by the false pretenses of fraudulently representing to O’Bannon that he was the owner of a house and lot in Owen’s addition to ■the town of Eminence, and that the house and lot so owned were free from lien or mortgage to any one.
By these misrepresentations it is charged that appellee obtained from O’Bannon $125 in money and some promissory *286notes for the house and lot; and that it turned out on investigation there was a recorded mortgage…
2Cases cited1 opinion
- Commonwealth v. HaugheyCourt of Appeals of Kentucky · 1860
3Cited by12 opinions
- Commonwealth v. FergusonCourt of Appeals of Kentucky · 1909
- Commonwealth v. BeckettCourt of Appeals of Kentucky · 1905
- State v. StewartNorth Dakota Supreme Court · 1900
- Cowan v. StateCourt of Criminal Appeals of Texas · 1900
- Finney v. CommonwealthCourt of Appeals of Kentucky · 1921
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