Commonwealth v. Schwartz
Court of Appeals of Kentucky
Cask 93— INDICTMENT— APPEAL PROM SHELBY CIRCUIT COURT. 1. To constitute the offense charged in this case the intention to cheat or-defraud must appear, but the intent is to be inferred from all the circumstances of the transaction and is always a question for the jury. (7 Am. and Eng. Encj'clopedia of Law, 105; 76 Mo., 180; People v.. Kendall, 37 Am.
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Cask 93— INDICTMENT— APPEAL PROM SHELBY CIRCUIT COURT. 1. To constitute the offense charged in this case the intention to cheat or-defraud must appear, but the intent is to be inferred from all the circumstances of the transaction and is always a question for the jury. (7 Am. and Eng. Encj'clopedia of Law, 105; 76 Mo., 180; People v.. Kendall, 37 Am. Dec., 240.) There was abundant evidence from which the jury might have inferred the intention to deceive, and that question at least should not have been taken from them. 2. Where there is a combined falsehood and promise the case is within the…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
On tbe trial of tbe appellee, under an indictment for obtaining money by false pretenses, tbe court instructed *512the jury absolutely to find for him. The Commonwealth appeals from the judgment acquitting the appellee under that instruction.
Are the indictment and the evidence sufficient to have authorized the jury to pass upon the question of the guilt or innocence of the appellee ?
The indictment charges that the appellee obtained by false pretenses, and with the intention to defraud Maria Buchholtz, twenty-five hundred dollars; that he was a…
2Cases cited3 opinions
- Commonwealth v. DevlinMassachusetts Supreme Judicial Court · 1886
- Glackan v. CommonwealthCourt of Appeals of Kentucky · 1860
- Commonwealth v. HutchisonMassachusetts Supreme Judicial Court · 1873
3Cited by11 opinions
- Commonwealth v. FergusonCourt of Appeals of Kentucky · 1909
- Zumbiel v. ZumbielCourt of Appeals of Kentucky · 1902
- Commonwealth v. GrifeSuperior Court of Pennsylvania · 1995
- Baskerville v. StateCourt of Special Appeals of Maryland · 1974
- Commonwealth v. HarperCourt of Appeals of Kentucky · 1922
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