May v. State

Defendant was indicted and convicted under Code, Sec. 10949, for obtaining money by false pretense. His punishment was fixed at confinement in the penitentiary for a period of not more than 10 years,’ and his motion for a new trial having been overruled, he has appealed and assigned errors.

*55On December 28, 1946, defendant purchased from Roy Simmons, doing business as Simmons Used Cars, in Madison County, a certain automobile for 'which he agreed to pay $1,150. He gave Simmons a check for $1,150, $548 of which amount was to be applied as a cash payment on the automobile, and the balance of the…