Jamison v. State
Supreme Court of Arkansas
APPEAL from Oonway Circuit Court. Hon. W. D. Jacoway, Circuit Judge. STATEMENT'. Jamison was indicted in the Conway Circuit Court, at the October term, 1881, for obtaining money under false pretense.
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APPEAL from Oonway Circuit Court. Hon. W. D. Jacoway, Circuit Judge. STATEMENT'. Jamison was indicted in the Conway Circuit Court, at the October term, 1881, for obtaining money under false pretense. The indictment charged, in substance, that he applied to J. A. Mattingley to borrow sixty-five dollars, and to secure it, proposed to execute to-him- a mortgage on a certain mule and eight head of cattle, which he represented toMattingley belonged to him, and were free from any lien,. bj'’ mortgage or otherwise ; that, relying upon said representation, Mattingley loaned him the money and took the…
1Opinion of the CourtHarrison, J.
There was no evidence that the defendant -obtained any money from Mattingley. Proof that by the false pretense alleged, he procured the satisfaction of his indebtedness to Thompson by him, though sufficient to sustain an action by Mattingley against him for money lent, was irrelevant to the charge in the indictment. The money must have been actually, and not merely implied^ or constructively obtained, and must have come into the defendant’s possession.
Mr. Bishop says : “It is held that if the thing obtained is not money, or other article within the express words of the Statute, but merely a…
2Cases cited1 opinion
- Smith v. StateIndiana Supreme Court · 1870
3Cited by7 opinions
- Bates v. StateWisconsin Supreme Court · 1905
- In re WatermanNevada Supreme Court · 1907
- Maxey v. StateSupreme Court of Arkansas · 1908
- State v. KieferSupreme Court of Iowa · 1915
- Carville v. LaneSupreme Judicial Court of Maine · 1917
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