State v. Vorback
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. G-. I). Burgess, Judge. A false pretense is defined to be a representation of some fact or circumstance calculated to mislead, which is not true. 2 Bish. Crim Law. (5th Ed.,) See. 415. So there need be only one false pretense, and although several be set out in the indictment, yet if any of them are proved, being such as amount in law to a false pretense, the indictment is sustained. 2 Bish.
Read the full summary
Appeal from Chariton Circuit Court. — Hon. G-. I). Burgess, Judge. A false pretense is defined to be a representation of some fact or circumstance calculated to mislead, which is not true. 2 Bish. Crim Law. (5th Ed.,) See. 415. So there need be only one false pretense, and although several be set out in the indictment, yet if any of them are proved, being such as amount in law to a false pretense, the indictment is sustained. 2 Bish. Crim; Law, sec. 418. The pretense that the agent of the partnership had examined into the solvency of the defendant, and had satisfied himself of the same, such…
1Opinion of the Court
Norton, L
— Defendant was indicted at the November term, 1873, of the Chariton county circuit court, for obtaining goods under false pretenses. He was tried at the November term, 1874, and convicted, and, on his motion, a new trial was awarded. He was again placed upon his trial at the November term, 1875, which resulted in his conviction, with punishment assessed to two years imprisonment in the penitentiary. A motion to arrest the judgment, on the ground that the indictment was insufficient, was sustained by the court, and from this judgment the State has appealed to this court.
*171The…
2Cases cited1 opinion
- State v. EversSupreme Court of Missouri · 1872
3Cited by8 opinions
- Addington v. StateAlabama Court of Appeals · 1916
- State v. ChingrenSupreme Court of Iowa · 1898
- State v. YoungSupreme Court of Missouri · 1916
- State v. BayneSupreme Court of Missouri · 1886
- State v. DeLaySupreme Court of Missouri · 1887
3 more not listed; retrieve them via the Exa API.