State v. Butler
Supreme Court of Minnesota
■ Case certified from the district court for Nobles county, by Severance, .J., upon ovérruling a demurrer to the following indictment: [Title.] “John Butler.is accused * * * by this indictment of the crime of obtaining a signature by false- pretences committed as follows: ■ “The said John Butler, on the 27th day of April, 1889, at * * * with intent then and there to cheat and defraud one W. W. Hurd, did then and there falsely and feloniously pretend and represent to said W.…
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■ Case certified from the district court for Nobles county, by Severance, .J., upon ovérruling a demurrer to the following indictment: [Title.] “John Butler.is accused * * * by this indictment of the crime of obtaining a signature by false- pretences committed as follows: ■ “The said John Butler, on the 27th day of April, 1889, at * * * with intent then and there to cheat and defraud one W. W. Hurd, did then and there falsely and feloniously pretend and represent to said W. W. Hurd that lot -12 [describing it] was then free of all liens .and mortgages; and said John Butler then and there…
1Opinion of the CourtGilfillan, C. J.
Indictment for obtaining, through false pre-tences, “the signature of said W. W. Hurd to a certain warranty deed bearing date the 27th day of April, 1889, and executed by said W..W. Hurd and Amy Hurd, his wife, to said John Butler, and conveying to said John Butler” certain land described.
Several objections are made to the indictment, the first of which is that it does not appear that the instrument, the signature to which was obtained, was valid; it is not averred that it was a sealed instrument, nor that it was witnessed or acknowledged. The averment in the indictment that the instrument…
2Cases cited3 opinions
- Watson v. . People of the State of New YorkNew York Court of Appeals · 1882
- State v. ChunnSupreme Court of Missouri · 1853
- State v. DorrSupreme Judicial Court of Maine · 1851
3Cited by7 opinions
- Gillespie v. StateIndiana Supreme Court · 1924
- State v. DodenhoffMississippi Supreme Court · 1906
- State v. Van RuschenSouth Dakota Supreme Court · 1916
- People ex rel. Himmelstein v. BakerAppellate Division of the Supreme Court of the State of New York · 1910
- State ex rel. Brill v. SpiekerWisconsin Supreme Court · 1955
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