People v. Crissie & Harvey
New York Supreme Court
Error to the Tioga oyer and terminer. The defendants were indicted in that court for cheating by false pretences. The first count alleged that the defendants intending unlawfully to cheat and defraud one John Brock, on, &c. at, &c. with force and arms did designedly, and with intent to cheat and defraud said Brock, then and there unlawfully, knowingly and designedly, falsely pretend to said Brock of and concerning a certain drove of seven hundred and eighty-six sheep, then…
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Error to the Tioga oyer and terminer. The defendants were indicted in that court for cheating by false pretences. The first count alleged that the defendants intending unlawfully to cheat and defraud one John Brock, on, &c. at, &c. with force and arms did designedly, and with intent to cheat and defraud said Brock, then and there unlawfully, knowingly and designedly, falsely pretend to said Brock of and concerning a certain drove of seven hundred and eighty-six sheep, then and there offered for sale by the defendants to Brock, that there was no disease or foot ail among said sheep, and that á…
1Opinion of the CourtJewett, J.
The statute declares that “ Every person, who, with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by any other false pretence, obtain the signature of any person to any written instrument, or obtain from any person any money, personal property or valuable thing, upon conviction thereof shall be punished,” &c. (2 R. S. 677, § 53.) The question in this case is, whether the indictment sets forth a false pretence, indictable under the statute. To constitute the offence several things must concur. There must be an intent to cheat or defraud some…
2Cases cited1 opinion
- People v. StoneNew York Supreme Court · 1832
3Cited by15 opinions
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- Commonwealth v. BeckettCourt of Appeals of Kentucky · 1905
- State v. TrippSupreme Court of Iowa · 1900
- Watson v. . People of the State of New YorkNew York Court of Appeals · 1882
- Slaughter v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
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