Fox v. State
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. The indictment is insufficient, and the demurrer should have been sustained. Kirby’s Digest, § § 1689, 2230; 163 Ind. 628; 70 N. E. 600; 58 Ark. 43; 94 Id. 242; 70 Id. 30; 42 Id. 131; 38 Id. 523; 118 Ind. 491. The language is not sufficiently definite. Cases supra; 95 N. E. 768. 2. The evidence is not sufficient, and there was error in the admission of evidence.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. The indictment is insufficient, and the demurrer should have been sustained. Kirby’s Digest, § § 1689, 2230; 163 Ind. 628; 70 N. E. 600; 58 Ark. 43; 94 Id. 242; 70 Id. 30; 42 Id. 131; 38 Id. 523; 118 Ind. 491. The language is not sufficiently definite. Cases supra; 95 N. E. 768. 2. The evidence is not sufficient, and there was error in the admission of evidence. The indictment charges two offenses. 70 Ark. 30; 37 Id. 443; 80 Id. 94; 60 Id. 141; 80 Id. 285. 3. Intent is the gist of the crime of false pretense. Hughes, Inst, to…
1Opinion of the Court
Kirby; J.
Appellant was convicted in the Polk Circuit Court upon an indictment, charging him with obtaining the signature of one T. M. Dover by certain false pretenses.
The sufficiency of the indictment was challenged by general demurrer, in which it was also alleged that it was bad for duplicity.
The indictment is long and involved, and is by no means a model of good pleading, but it alleges in apt terms that defendant “unlawfully, falsely, fraudulently, feloniously and designedly, with the intention then and there to cheat and defraud, did falsely represent and pretend to him, the said T. M.…
2Cases cited4 opinions
- Exchange National Bank v. CoeSupreme Court of Arkansas · 1910
- Evans v. Speer Hardware Co.Supreme Court of Arkansas · 1898
- Winship & Bros. v. Merchants National BankSupreme Court of Arkansas · 1883
- Brown v. CallawaySupreme Court of Arkansas · 1883
3Cited by7 opinions
- First National Bank v. MalmquistSupreme Court of Minnesota · 1924
- Conner v. StateSupreme Court of Arkansas · 1918
- Karr v. StateSupreme Court of Arkansas · 1957
- Anderson v. StateSupreme Court of Arkansas · 1956
- Patrick v. Arkansas National BankSupreme Court of Arkansas · 1927
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