Bryant v. Commonwealth
Court of Appeals of Kentucky
Case 76 — INDICTMENT FOR OBTAINING PROPERTY UNDER FALSE PRETENSES APPEAR E.ROM BREATHITT CIRCUIT COURT. 1. The false pretenses alleged in the indictment had reference to a fact to take place in the future and therefore was not a false pretense within the meaning of the statute. Glacken v. Com., 3 Met,, 232; Com. v. Haughey, same, 223, 2. The false representation alleged must be such as is calculated to deceive persons of ordinary prudence and discretion.
Read the full summary
Case 76 — INDICTMENT FOR OBTAINING PROPERTY UNDER FALSE PRETENSES APPEAR E.ROM BREATHITT CIRCUIT COURT. 1. The false pretenses alleged in the indictment had reference to a fact to take place in the future and therefore was not a false pretense within the meaning of the statute. Glacken v. Com., 3 Met,, 232; Com. v. Haughey, same, 223, 2. The false representation alleged must be such as is calculated to deceive persons of ordinary prudence and discretion. Com. v. Grady, 13 Bush, 285. S. The essence of the crime of false pretense is that the party defrauded was deceived by the false statement.…
1Opinion of the Court
JUDGE GUFPY
delivered the opinion op the court.
The appellant was indicted, tried and convicted in the Breathitt Circuit Court upon an indictment charging him with the crime of obtaining money and property under false pretenses, and, his motion for a new trial having been overruled, he prosecutes this appeal. Several questions are raised which we deem unnecessary to decide, for the reason that the judgment must be reversed on account of error of the court below in overruling the demurrer to the indictment. The indictment reads as follows ;• “Breathitt Circuit Court. The Commonwealth of Kentucky…
2Cited by4 opinions
- Taylor v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Finney v. CommonwealthCourt of Appeals of Kentucky · 1921
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1911
- Sanford, Alias Molton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926