State v. Wilson

OPINION ON REHEARING.

No. 13,737.

6. Criminal Law — Obtaining Money by False Pretenses — Defense. In a prosecution under an information charging the obtaining of money by false pretenses through selling as clear cattle that were in fact mortgaged, it is competent for the defendant to show in defense that the mortgage relied upon by the state, although fair on its face, was void by reason of being-based in part upon a consideration made illegal by the antitrust statute.

The opinion of the court was delivered by

Mason, J.:

Charles L. Wilson was prosecuted and convicted upon a charge of obtaining…