State v. Phillips

The following opinion was prepared and filed by EkviN, J., prior to bis resignation as a member of this Court. We adopt it with due credit to Justice Ervin for its composition and for the research required in its preparation.

The male defendant is not entitled to a reversal for insufficiency of proof upon the indictment charging him with actually obtaining money from Lynn by false pretenses. To be sure, the State’s evidence shows that Lynn relied in part on the male defendant’s promise to do something, and the law declares that a promise to do something is ordinarily not sufficient to serve as…