Rhodes v. King
Supreme Court of Alabama
Appeal from Circuit Court of Lauderdale. Tried before Hon. James S. Clark. The opinion states the case. The plea was bad, because the process, on the facts stated, was void. Mere “ false pretence ” in obtaining goods is no offence whatever ; there must be an intent to injure or defraud.
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Appeal from Circuit Court of Lauderdale. Tried before Hon. James S. Clark. The opinion states the case. The plea was bad, because the process, on the facts stated, was void. Mere “ false pretence ” in obtaining goods is no offence whatever ; there must be an intent to injure or defraud. O’ Connor v. State, 30 Ala.' 13. See also Duckworth v. Johnson, 7 Ala. 580. If the demurrer was improperly sustained to the plea, defendant could have had benefit of his defence under other pleas, and there can be no reversal on that account. 38 Ala. 297 ; 24 Ala. 521; 36 Ala. 164.
1Opinion of the CourtManning, J.
The complaint in this cause is in trespass, for maliciously and without probable cause arresting and imprisoning plaintiff, and for maliciously and without probable cause causing plaintiff to be arrested and imprisoned for the space of three days, in December, 1869, on a charge of obtaining goods, or cotton, under false pretences.
To this, defendant pleaded the general issue, “not guilty,” with leave to bring in any special matter! “ He pleaded also a special plea, showing that he in December, 1869, by the name of Ham Rhodes, by an affidavit before a magistrate, charged that on or about the…
2Cases cited7 opinions
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