State v. Merry
North Dakota Supreme Court
Appeal from District Court, Stark county; Hon. A. G. Burr, J. Action by the state of North Dakota against Charles F. Merry. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. False pretenses must not relate to future events. People v. Blanchard, 90 N. T. 314; 5 Criminal Defenses, 366 — 371, and cases cited; People v. Wakely, 62 Mich. 297, 28 N. W. 871; Blum v. State,'20 Tex. App. 578, 54 Am.
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Appeal from District Court, Stark county; Hon. A. G. Burr, J. Action by the state of North Dakota against Charles F. Merry. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. False pretenses must not relate to future events. People v. Blanchard, 90 N. T. 314; 5 Criminal Defenses, 366 — 371, and cases cited; People v. Wakely, 62 Mich. 297, 28 N. W. 871; Blum v. State,'20 Tex. App. 578, 54 Am. Pep. 530; 5 Criminal Defenses (Sup.) 1033, 1035-1038. Knowledge of falsity of representation. and intent must be shown as intent is shown in…
1Opinion of the CourtCarmody, J.
The defendant was informed against by the state’s attorney of Adams county, for the crime of obtaining property by false pretenses. The case was transferred from Adams county to Stark county, and tried before Judge Burr and a jury. The trial resulted in a conviction. A motion for a new trial was overruled, and he was sentenced to imprisonment in the county jail of Adams county for a period of eight months, to pay a fine of $200 and the costs of prosecution, taxed at the sum of $500, and in default of said fine and costs, to be imprisoned in the county jail of Adams county for a further period…
2Cases cited17 opinions
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- People v. . EverhardtNew York Court of Appeals · 1887
- Mayer v. . the PeopleNew York Court of Appeals · 1880
- People v. WakelyMichigan Supreme Court · 1886
- Commonwealth v. MasonMassachusetts Supreme Judicial Court · 1870
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3Cited by15 opinions
- State v. HerschNorth Dakota Supreme Court · 1989
- People v. RiceMichigan Supreme Court · 1919
- State v. HeatonNorth Dakota Supreme Court · 1927
- State v. PersonsNorth Dakota Supreme Court · 1972
- State of South Dakota v. LienSouth Dakota Supreme Court · 1947
10 more not listed; retrieve them via the Exa API.