Hennessy v. Commonwealth
Court of Appeals of Kentucky
Case 50 — INDICTMENT — APPEAL FROM JEFFERSON CIRCUIT COURT. An indictment for obtaining money under false pretenses must allege ownership in the person from whom it is obtained; and if that person be a married woman, there can be no conviction, as she can not hold and own the money, her possession and ownership being that of her husband. (3 Ohitty’s Crim. Daw, 998; 2 Roscoe’s Crim.
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Case 50 — INDICTMENT — APPEAL FROM JEFFERSON CIRCUIT COURT. An indictment for obtaining money under false pretenses must allege ownership in the person from whom it is obtained; and if that person be a married woman, there can be no conviction, as she can not hold and own the money, her possession and ownership being that of her husband. (3 Ohitty’s Crim. Daw, 998; 2 Roscoe’s Crim. Ev., 675, 865; Sill v. Regina, 16 English L. & B., 375; Thompson v. People, 24 111., 60; Ladd v. State, 17 Florida, 215; State v. Lathrop, 15 Vt., 279; State v. Smith, 8 JBlackf., 489; Commonwealth v. Van Tuly, 2…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellant was indicted, tried and convicted of the crime of obtaining fifteen dollars in money from Bettie Cook by false pretenses. The manner of obtaining said money was as follows.: Barbara Yntyi, mother of Bettie Cook, had instructed him to get fifteen dollars *302from said Bettie, for tlie purpose of buying offal at the pork-house in the city of Louisville; that upon said representation said Bettie let him have said money, which representation was false, etc. It was developed on the trial that Mrs. Bettie Cook was a married woman, and had no…
2Cited by7 opinions
- Commonwealth v. McGarveyCourt of Appeals of Kentucky · 1914
- Runyon v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Braswell v. CommonwealthCourt of Appeals of Kentucky · 1960
- Taylor v. CommonwealthCourt of Appeals of Kentucky · 1903
- Hayes v. CommonwealthCourt of Appeals of Kentucky · 1917
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