Dominick v. State
Supreme Court of Alabama
From the Circuit Court of Perry. Tried before the Hon. John Moore. The indictment in this case, which was found in May, 1867, charged that the prisoner, Martin Dominick, “did falsely pretend to John W. Mackey, with intent to defraud, that he was authorized by one John Boyd to buy some goods from the said Mackey, and have them charged to the said Boyd, and it would be all right; and, by means of such false pretense, obtained from the said Mackey one pair of shoes, and two…
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From the Circuit Court of Perry. Tried before the Hon. John Moore. The indictment in this case, which was found in May, 1867, charged that the prisoner, Martin Dominick, “did falsely pretend to John W. Mackey, with intent to defraud, that he was authorized by one John Boyd to buy some goods from the said Mackey, and have them charged to the said Boyd, and it would be all right; and, by means of such false pretense, obtained from the said Mackey one pair of shoes, and two plugs of tobacco; against the peace and dignity,” &c. “On the trial,” at the same term, as the bill of exceptions states,…
1Opinion of the CourtA. J. Walker, C. J.
“A former acquittal is no bar to a subsequent prosecution, unless the accused could have been convicted upon the first indictment, upon proof of the facts averred in the second.” — King v. Vandercomb & Abbott, 2 Leach’s C. C. 708; S. C., 2 Leading Criminal Cases, 542, 552; State v. Johnson, 12 Ala. 840; 1 Bishop on Criminal Law, 886.
Proof of the facts averred in the indictment for procuring goods by false pretenses, would not sustain an indictment for larceny. The constituents of the two offenses are not identical, and neither includes the other. It follows, therefore, that an acquittal of…
2Cases cited3 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- State v. JohnsonSupreme Court of Alabama · 1848
- State v. NelsonSupreme Court of Alabama · 1845
3Cited by25 opinions
- Hall v. StateSupreme Court of Alabama · 1901
- Gordon v. StateSupreme Court of Alabama · 1882
- Spraggins v. StateSupreme Court of Alabama · 1903
- Barber v. StateSupreme Court of Alabama · 1907
- Whitehead v. StateAlabama Court of Appeals · 1918
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