Legal Opinion

State v. Lewis

Supreme Court of Kansas

Decided July 15, 1881PublishedCited by 6 opinions

Appeal from, Russell District Court. At the March Term, 1881, of the district court, William A. Lewis was convicted of obtaining money or property by false pretenses. His motions for a new trial and in arrest of judgment being severally overruled, he was sentenced to a term of four and one-half years in the penitentiary, from which sentence he appeals. The facts appear in the opinion.

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Appeal from, Russell District Court. At the March Term, 1881, of the district court, William A. Lewis was convicted of obtaining money or property by false pretenses. His motions for a new trial and in arrest of judgment being severally overruled, he was sentenced to a term of four and one-half years in the penitentiary, from which sentence he appeals. The facts appear in the opinion. The information is defective in the following particulars: 1. The names of persons comprising the firm of Lebold, Fisher & Co., an alleged copartnership, are not averred. The money, etc., is alleged to be the…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The appellant was tried and convicted of obtaining money by false pretenses, and from the judgment of the district court appeals. Many errors are alleged, several *129of which raise the question of the sufficiency of the information. Only one of these however it is necessary, in our opinion, to discuss, as that one is fatal to the information. Section 94 of the act of crimes and punishments, under which the information is drawn, reads: “ Every person who, with intent to cheat or defraud another, shall designedly, by means of any false token…

Also in this document: Concurrence.

2Cited by6 opinions

  1. State v. KnowltonWashington Supreme Court · 1895
  2. In re WatermanNevada Supreme Court · 1907
  3. State v. HolmesSupreme Court of Kansas · 1916
  4. State v. BrownWisconsin Supreme Court · 1910
  5. State v. WatsonCourt of Appeals of Kansas · 1897

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