Carr v. State

One ground of demurrer is that the false representations stated in the indictment amounted merely to an opinion as to the value of the used cars at a forced sale, and as to the value of the open accounts and notes of Carr Motor Company. It has been said: “It being the common understanding that opinions *591expressed by persons negotiating in trade are not mutually regarded as facts on which the listening party is to base his action, one’s false statement as to what is his opinion is not a statutory false pretense. The pretense must be of a fact, as distinguished from the statement of.the…