O'Connor v. State
Supreme Court of Alabama
Erom the Circuit Court of Henry. Tried before the Hon. C. "W. Rapibii. The prisoner, Daniel O’Connor, was indicted at the fall term, 1855, of the circuit court of Henry, for obtaining from one John L: Hays a horse, of the value of one hundred dollars, by falsely pretending, with the intent thereby to defraud said Hays, “that he had in Macon, Georgia, the sum of seven thousand dollars.” A demurrer to the indictment was interposed, and overruled.
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Erom the Circuit Court of Henry. Tried before the Hon. C. "W. Rapibii. The prisoner, Daniel O’Connor, was indicted at the fall term, 1855, of the circuit court of Henry, for obtaining from one John L: Hays a horse, of the value of one hundred dollars, by falsely pretending, with the intent thereby to defraud said Hays, “that he had in Macon, Georgia, the sum of seven thousand dollars.” A demurrer to the indictment was interposed, and overruled. “On the trial,” as the bill of exceptions states, “the •State introduced John L. Hays as a witness, who testified, that the prisoner called on him, at…
1Opinion of the CourtRice, C. J.
The defendant is indicted under section 3142 ofthe Code, for obtaining from JolmL. Hays ahorse of the value of one hundred dollars, by a false pretense, and with intent to defraud. The first count of the indictment is in the form prescribed by the Code, and, of course, must be deemed sufficient.
The ingredients of the offense are, the obtaining of the horse by the false pretense, and the intent to defraud; and there cannot be a conviction according to law, unless the intent and the pretense set out in the indictment are proved.
There are cases in which it is not necessary to prove the whole of…
2Cases cited2 opinions
- Ogletree v. StateSupreme Court of Alabama · 1856
- Dixon v. BarclaySupreme Court of Alabama · 1853
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