Fay v. Commonwealth
Supreme Court of Virginia
In September, 1876, William Fay was indicted in the hustings court of the city of Bichmond, for stealing divers notes of the United States currency amounting to two hundred and eight dollars, the property of Uelson Bandolph. He was tried at the October term of the court, and was found guilty, and the term of his imprisonment in the penitentiary was fixed by the j*ury at three years.
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In September, 1876, William Fay was indicted in the hustings court of the city of Bichmond, for stealing divers notes of the United States currency amounting to two hundred and eight dollars, the property of Uelson Bandolph. He was tried at the October term of the court, and was found guilty, and the term of his imprisonment in the penitentiary was fixed by the j*ury at three years. The prisoner then moved the court for a new trial, which was refused by the court; and sentence according to the verdict was passed upon ° r r him. The prisoner excepted to the opinion of the court overruling his…
1Opinion of the CourtAnderson, J.
This is a prosecution in fact for obtaining money on false pretences, which is made larceny by the statute; and the indictment is for larceny.
It is a reasonable proposition, that upon this indictment it is necessary for the commonwealth to prove every fact which would be required to be alleged in an indictment for obtaining money on false pretences. And in such indictment it would be a material allegation that the money was obtained by the false pretence alleged, and therefore was necessary to be proved in this indictment in oi;der to a conviction. The false pretence must be the instrument of…
2Cases cited3 opinions
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
- Anable v. CommonwealthSupreme Court of Virginia · 1873
- Johnson v. CommonwealthSupreme Court of Virginia · 1873
3Cited by12 opinions
- Pitsnogle v. CommonwealthSupreme Court of Virginia · 1895
- State v. Frank SmithWest Virginia Supreme Court · 1924
- Orr v. CommonwealthSupreme Court of Virginia · 1985
- State v. CameronSupreme Court of Missouri · 1893
- Reigert v. CommonwealthSupreme Court of Virginia · 1977
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