In re Cummins
Supreme Court of Colorado
Original Application for Habeas Corpus. In June, 1891, petitioner was examined before a justice of tbe peace in and for Las Animas county, under four separate and distinct charges of obtaining money under false pretenses.
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Original Application for Habeas Corpus. In June, 1891, petitioner was examined before a justice of tbe peace in and for Las Animas county, under four separate and distinct charges of obtaining money under false pretenses. As a result of such examinations, he was required in each case to give bond for his appearance at the next succeeding term of the district court to be held in Las Animas county, to answer such charges; or upon a failure so to do, to be committed to the common jail of the county to await the action of the grand jury. The petitioneiyfailing to furnish bond, warrants of…
1Opinion of the CourtJustice Hayt
If two persons conspire together to accomplish an unlawful purpose, and one, by false pretenses, obtains money from the other, which the latter parts with in furtherance of the illegal purpose, will a prosecution lie against the former for obtaining the money under false pretenses?
This is the substantial question presented upon the record. Counsel for petitioner contend that it will not, while the affirmative is assumed by the attorney-general. The authorities bearing upon the question cannot be reconciled. In the leading cases of The Commonwealth v. Henry, 22 Pa. St. 253, and McCord v.…
2Cases cited3 opinions
- McCord v. . the PeopleNew York Court of Appeals · 1871
- Brown v. Farmers Mutual Automobile InsuranceWisconsin Supreme Court · 1960
- Halliday v. NobleNew York Supreme Court · 1847
3Cited by3 opinions
- State v. MellenbergerOregon Supreme Court · 1939
- Gilmore v. PeopleAppellate Court of Illinois · 1900
- Horton v. StateOhio Supreme Court · 1911