State v. Switzer
Supreme Court of Vermont
Indictment for procuring the signature of John C. Tibbetts to certain promissory notes. Heard upon general demurrer at the June term, 1890, Powers, J., presiding. Demurrer overruled, pro forma. The defendant excepts. The questions decided appear in the opinion. It should be alleged that the pretences were feloniously made. 1 Bish. St. Cr. ss. 387, 452; 4 Black.
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Indictment for procuring the signature of John C. Tibbetts to certain promissory notes. Heard upon general demurrer at the June term, 1890, Powers, J., presiding. Demurrer overruled, pro forma. The defendant excepts. The questions decided appear in the opinion. It should be alleged that the pretences were feloniously made. 1 Bish. St. Cr. ss. 387, 452; 4 Black. Com. 307; 2 líale P. C. 184; 1 Oliitty O. L. 242; State v. Wheeler, 3 Yt. 344. The pretences set forth were that something was to be done in the future. Ranney v. People, 22 N. Y. 413; R. v. Goodall, P. and Py. 461; 2 Bish. Cr. Law.…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
The statute under which the respondent stands indicted imposes a penalty upon any one who designedly by false pretences, with intent to defraud, obtains from another person, money, or other property, or the signature to any instrument the false making of which would be punishable as forgery. It is in. sisted that each count is bad. There are fourteen in number. It is claimed that it should be alleged that the pretences were made feloniously. .The statute, K,. L. s. 4154, creates and defines the offense and an indictment in the words of the…
2Cases cited3 opinions
- In re GreenoughSupreme Court of Vermont · 1858
- State v. MillsSupreme Judicial Court of Maine · 1840
- State v. DaleySupreme Court of Vermont · 1869
3Cited by6 opinions
- State v. StewartNorth Dakota Supreme Court · 1900
- Clawson v. StateWisconsin Supreme Court · 1906
- Commonwealth v. McHughMassachusetts Supreme Judicial Court · 1944
- State v. QuesnelSupreme Court of Vermont · 1965
- McLendon v. StateCourt of Appeals of Georgia · 1915
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