Woodruff v. State
Supreme Court of Arkansas
Appeal from Perry Circuit Court. Robert J. Lea, Judge. 1. The indictment is insufficient, because {a) it is not in the words of the statute, or their equivalent. The statute uses the words designedly obtain; the indictment charges “did fraudulently and feloniously obtain," etc. The obtaining must be designedly and not fraudulently and feloniously. 2 Whart. Cr. Law, p. 631; 26 Am.
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Appeal from Perry Circuit Court. Robert J. Lea, Judge. 1. The indictment is insufficient, because {a) it is not in the words of the statute, or their equivalent. The statute uses the words designedly obtain; the indictment charges “did fraudulently and feloniously obtain," etc. The obtaining must be designedly and not fraudulently and feloniously. 2 Whart. Cr. Law, p. 631; 26 Am. St. 789. (b) The indictnient should allege that the coupons or receipt were delivered to the board, and that the order was delivered to defendant in exchange for said coupons or receipts. 90 Ind. 504; 103 Ind. 235 ;…
1Opinion of the Court
Winchester, Special J.
The record discloses that at the-term, 1893, of the Pulaski circuit court, W. E. Woodruff was indicted for the crime of false pretenses, said indictment containing two counts. A demurrer was interposed by the defendant on the ground that more than one offense was charged in the indictment, and, the state electing to stand on the first count in the indictment, the demurrer was overruled. The •defendant entered a plea of not guilty, and filed a motion for a change of venue, and the case was sent to Perry county. Here the defendant entered a demurrer in short •on the…
2Cases cited12 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Holder v. StateSupreme Court of Arkansas · 1894
- McLane v. StateSupreme Court of Georgia · 1848
- People v. GatesNew York Supreme Court · 1835
- Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
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3Cited by11 opinions
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- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- State v. EwertSouth Dakota Supreme Court · 1928
- State v. RichardsonSupreme Court of Iowa · 1917
- State v. ChambersSupreme Court of Iowa · 1917
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