Legal Opinion

Headley v. State

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 6 opinions

Appeal from the Circuit Court of Chilton. Tried before the Hon. N. D. Benson. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that, before the finding of this indictment, William Hoadley did falsely pretend to William M. Wilson, with intent to defraud, that he owned the south-east quarter of the north-west quarter of section twelve, township twenty-three, range thirteen in said county and State, and by means of such…

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Appeal from the Circuit Court of Chilton. Tried before the Hon. N. D. Benson. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that, before the finding of this indictment, William Hoadley did falsely pretend to William M. Wilson, with intent to defraud, that he owned the south-east quarter of the north-west quarter of section twelve, township twenty-three, range thirteen in said county and State, and by means of such false pretense obtained from the said William M. Wilson one hundred dollars, against the peace,” &c. On the trial of…

1Per curiam

— The indictment is in the form prescribed by the Code, and must be deemed sufficient, whatever may have been the essential constituents, at common law, of an indictment for false pretenses. The statute is general, that “where an intent to injure or defraud is necessary to constitute the offense, it issufficient to allege an intent to injure or defraud generally, without naming the particular person, corporation, or government intended to be injured or defrauded. ” — Code, § 4380. The form of indictment prescribed corresponds to the statute. There is a general allegation of che intent to…

2Cases cited2 opinions

  1. Williams v. StateSupreme Court of Alabama · 1878
  2. Mack v. StateSupreme Court of Alabama · 1879

3Cited by6 opinions

  1. Addington v. StateAlabama Court of Appeals · 1916
  2. Harris v. MorganTennessee Supreme Court · 1928
  3. Bazzell v. StateAlabama Court of Appeals · 1919
  4. Howard v. StateAlabama Court of Appeals · 1920
  5. Lee v. StateSupreme Court of Alabama · 1897

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