Earnest v. State

CATES, Judge.

Earnest appeals his conviction of false ■pretense in obtaining an agent’s signature to a fire policy with intent to defraud. The trial judge sentenced him to five years’ imprisonment.

The indictment, following the Code form (T. 15, § 259, No. 61), charged Earnest falsely pretended himself to be the owner of a tenant house near Hamilton.

The State’s case was :

The house burned to the ground the night of June 14-15, 1957. The morning of June 15, Earnest applied orally to Lyman Goolsby, agent for Aetna Insurance Company, for fire, lightning and extended coverage on the then destroyed…