State v. Phillips
Montana Supreme Court
David Phillips was convicted of an attempt to obtain money by false pretenses, and appeals from the judgment of conviction. The information does not state facts sufficient to constitute a public offense. In a charge of this kind, the information should specifically negative every false pretense charged against the defendant.
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David Phillips was convicted of an attempt to obtain money by false pretenses, and appeals from the judgment of conviction. The information does not state facts sufficient to constitute a public offense. In a charge of this kind, the information should specifically negative every false pretense charged against the defendant. The most that can be said is that the information here negatives (but only by inference) the representation of appellant that he was a brother of Charles Phillips, but it does not negative specifically any of the statements made as-charged, whether contained in the…
1Opinion of the CourtChief Justice Brantly
The defendant, charged by information with an attempt to obtain money by false pretense, was found guilty. He has appealed from the judgment of conviction. He alleges that he was prejudiced by the action of the court in overruling his demurrer to the information, and refusing to submit to the jury several instructions requested by him.
The charge in the information is stated as follows: “That on or about March 7, 1906, at the county of Gallatin, state of Montana, said David Phillips then and there willfully, unlawfully, feloniously, and deceitfully falsely pretended to one Charles Phillips, of…
2Cases cited11 opinions
- People v. DoleCalifornia Supreme Court · 1898
- State v. HamiltonSupreme Court of Iowa · 1881
- State v. WittSupreme Court of Kansas · 1885
- Castle v. StateIndiana Supreme Court · 1881
- State v. HowellMontana Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. CamodecaCalifornia Supreme Court · 1959
- State v. BoardMontana Supreme Court · 1959
- State v. HayMontana Supreme Court · 1948
- State v. HaleMontana Supreme Court · 1955
- State v. McGowanMontana Supreme Court · 1908
9 more not listed; retrieve them via the Exa API.