Winfield v. Hollowell

A judgment of conviction had been entered against the plaintiff herein in the district court of Cerro Gordo County, under an indictment which charged the crime of obtaining property by false pretenses, in violation of Section 13045 of the Code of 1924. The contention in behalf of the prisoner was, and is, that the facts charged in the indictment disclosed a violation only of Section 13047, and as such, was a misdemeanor only, and not triable by indictment.

The question, therefore, is whether the facts charged in the indictment classify the case as one which should have been prosecuted as a…