State v. Dodenhoff
Mississippi Supreme Court
From the circuit court of Clay county. Hon. J. T. Dunn, Judge. Dodenhoff, the appellant, and another were indicted for obtaining $2,400 in^ money from J. J. Stevens and others by false pretenses. The appellant demurred to the indictment, was sustained in the court below, and he was discharged. The state appealed to the supreme court. The- facts are stated in the opinion of the court.
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From the circuit court of Clay county. Hon. J. T. Dunn, Judge. Dodenhoff, the appellant, and another were indicted for obtaining $2,400 in^ money from J. J. Stevens and others by false pretenses. The appellant demurred to the indictment, was sustained in the court below, and he was discharged. The state appealed to the supreme court. The- facts are stated in the opinion of the court. The vital question presented by tbe demurrer is as to tbe sufficiency of the allegations that tbe defrauded parties relied upon tbe false representations in parting witb their property. Now, if'the indictment be…
1Opinion of the CourtWhitfield, C. J.
This is an appeal by the state from a judgment sustaining a demurrer to an indictment charging the obtaining of money under false pretenses. The only ground of demurrer calling for serious consideration is that the indictment does not charge in express terms that the defrauded party relied on the false pretenses or was induced by them to part with his property. The exact point has never been decided in this state, and we have therefore given it most careful consideration. The allegation of the indictment is this: That “by means and color of which false fraudulent pretenses they, the said…
2Cases cited8 opinions
- State v. HurstWest Virginia Supreme Court · 1877
- Meshmeier v. StateIndiana Supreme Court · 1859
- State v. GreenWisconsin Supreme Court · 1859
- State v. PenleySupreme Court of Connecticut · 1858
- State v. OrvisIndiana Supreme Court · 1859
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3Cited by5 opinions
- Westmoreland v. StateMississippi Supreme Court · 1971
- Neece v. StateMississippi Supreme Court · 1968
- State v. GradyMississippi Supreme Court · 1927
- Odom v. StateMississippi Supreme Court · 1922
- State v. RogersMississippi Supreme Court · 1970