State v. Germain
Oregon Supreme Court
Statement by Mr. Justice McBride. Defendant, B. F. Germain, was convicted by the verdict of a jury of the crime of obtaining money by false pretenses on an indictment, the caption, omitting title, and charging part of which is as follows: “The said B. F. Germain on the 8th day of December, A. D. 1908, . in the County of Multnomah and State of Oregon, then and there doing business as Germain’s High-Class Information Bureau Company, did then and there knowingly, falsely…
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Statement by Mr. Justice McBride. Defendant, B. F. Germain, was convicted by the verdict of a jury of the crime of obtaining money by false pretenses on an indictment, the caption, omitting title, and charging part of which is as follows: “The said B. F. Germain on the 8th day of December, A. D. 1908, . in the County of Multnomah and State of Oregon, then and there doing business as Germain’s High-Class Information Bureau Company, did then and there knowingly, falsely represent and pretend to one Henry M. Clinesmith, that he, the said B. F. Germain, then and there had a position with the…
1Opinion of the CourtJustice McBride
1. The first objection is to the sufficiency of the indictment. It is contended that the receipt shows on its face that the prosecutor, Clinesmith, did not part with the *399title to his money, but only with the possession of it, and that, as the crime of obtaining money under false pretenses is committed only when the injured party is induced to part with the title to his property, the indictment does not state facts sufficient to constitute a crime. The courts have held with practical unanimity that the crime for which the defendant was convicted is not committed unless the party defrauded is…
2Cases cited10 opinions
- State v. O'DonnellOregon Supreme Court · 1900
- State v. BriggsSupreme Court of Kansas · 1906
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1879
- People v. RaeCalifornia Supreme Court · 1885
- Wagoner v. StateIndiana Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. TauscherOregon Supreme Court · 1961
- State v. WillsonOregon Supreme Court · 1925
- State v. StratfordIdaho Supreme Court · 1934
- State v. McClardOregon Supreme Court · 1916
- Lilly v. GladdenOregon Supreme Court · 1959
20 more not listed; retrieve them via the Exa API.