Mack v. State
Supreme Court of Alabama
Erom the Circuit Court of Dallas. Tried before the Hon. Geo. H. Craig. The indictment in this charged, that the defendant, John Mack, “ falsely pretended to Ebenezer Smith, with the intent to defraud, that .he, the said John Mack, had been sent by Ella Mack to him, the said Ebenezer Smith, to get a violin, tenor horn, and a B-flat horn, for the said Ella Mack; and, by means of such false pretense, obtained from the said Ebenezer Smith one violin, one tenor horn, and one…
Read the full summary
Erom the Circuit Court of Dallas. Tried before the Hon. Geo. H. Craig. The indictment in this charged, that the defendant, John Mack, “ falsely pretended to Ebenezer Smith, with the intent to defraud, that .he, the said John Mack, had been sent by Ella Mack to him, the said Ebenezer Smith, to get a violin, tenor horn, and a B-flat horn, for the said Ella Mack; and, by means of such false pretense, obtained from the said Ebenezer Smith one violin, one tenor horn, and one B-flat horn, of the value of ten dollars; against the peace,” &c. “ On the trial,” *as the bill of exceptions states, “ the…
1Opinion of the CourtStone, J.
The present indictment was found under section 4370 of the Code of 1876, which declares, that “any person who, by any false pretense or token, and with the intent to injure or defraud, obtains from another any money, or other personal property, must, on conviction, be punished as if he had stolen it.” The form of indictment in such case is *140found on page 996 of the Code, form 48. The pretense charged in the present case is, that the accused falsely pretended to Ebenezer Smith that he had been sent by_ Ella Mack for certain personal chattels, then in the possession of the former, but held by…
2Cases cited6 opinions
- People v. HerrickNew York Supreme Court · 1834
- O'Connor v. StateSupreme Court of Alabama · 1857
- Williams v. CrumSupreme Court of Alabama · 1855
- Brown v. BeasonSupreme Court of Alabama · 1854
- Crum v. WilliamsSupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Goolsby v. StateSupreme Court of Alabama · 1925
- Ex parte RileySupreme Court of Alabama · 1891
- Carlisle v. StateSupreme Court of Alabama · 1884
- Commonwealth v. JohnsonCourt of Appeals of Kentucky · 1916
- Bazzell v. StateAlabama Court of Appeals · 1919
7 more not listed; retrieve them via the Exa API.