State v. . Matthews
Supreme Court of North Carolina
Indictment for false pretence, tried at Pall Term, 1883, of Rockingham Superior Court, before MacBae, J. The facts in the case as developed by the evidence are, that defendant went to the store of R. H. Smith in September, 1883, and asked Smith to credit him for some goods, and stated that the child of his sister-in-Jaw was dead, and that the articles he wished to buy were necessary for the burial of the child.
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Indictment for false pretence, tried at Pall Term, 1883, of Rockingham Superior Court, before MacBae, J. The facts in the case as developed by the evidence are, that defendant went to the store of R. H. Smith in September, 1883, and asked Smith to credit him for some goods, and stated that the child of his sister-in-Jaw was dead, and that the articles he wished to buy were necessary for the burial of the child. Smith refused to let the defendant have the goods at first, but he begged so earnestly that he finally sold him a piece of cotton cloth on credit. Defendant promised to pay for it, but…
1Opinion of the CourtAshe, J.
It is well settled that to constitute the crime of false pretence under Bat. Rev., ch. 32 § 67, The Code, §1025, that there must be a false pretence of a subsiding fact; the pretence must be knowingly false; money, goods or other thing of value must be unlawfully obtained by means of the false pretence, and with the intent to cheat and defraud the owner of the same. State v. Dickson, 88 N. C., 643, and cases there cited to the same effect.
Here, the defendant failing to purchase the goods upon a credit, resorted to the falsehood of stating that his sister-in-law’s child was dead and the cloth…
2Cases cited1 opinion
- State v. . DicksonSupreme Court of North Carolina · 1883
3Cited by8 opinions
- Baker v. StateWisconsin Supreme Court · 1903
- State v. CarterSupreme Court of Iowa · 1900
- State v. . DixonSupreme Court of North Carolina · 1888
- State v. HinesCourt of Appeals of North Carolina · 1978
- State v. StynerIndiana Supreme Court · 1900
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