Legal Opinion

Commonwealth v. Beckett

Court of Appeals of Kentucky

Decided February 9, 1905PublishedCited by 15 opinions

Case 105 — Prosecution Against Joseph Beckett, for Obtaining Money Under False Pretenses. APPEAL FROM BRACKEN CIRCUIT COURT-JAMES P. HARBESON, CIRCUIT JUDGE.

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Case 105 — Prosecution Against Joseph Beckett, for Obtaining Money Under False Pretenses. APPEAL FROM BRACKEN CIRCUIT COURT-JAMES P. HARBESON, CIRCUIT JUDGE. From an Order Sustaining a Demurrer to the Indictment the Commonwealth Appeals. 1. The offering and giving of the $10 bill, constitutes a representation by words, action and conduct that the bill is a good bill, lawful money of the United States of America and passing currency of such, which said representation is strengthened by appellee accepting the $2.50 in lawful and good silver coin in change from the witness-. 2. The appellee did…

1Opinion of the Court

Opinion oe the court by

JUDGE O’REAR

Reversing.

This appeal involves the sufficiency of an indictment ■against appellee charging him with obtaining money. and property under false pretenses. Ky. St., 1903, § 1208. A demurrer was sustained to the indictment. It is charged that appellee fraudulently, knowingly, and with the wicked intent to deceive and defraud one William C. French, induced the' latter to part with $2.50 lawful money of the United' States which belonged to said French, in exchange in part for a $10 bill of the Confederate States of America. The particulars of the transaction were…

2Cases cited6 opinions

  1. People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
  2. Woodbury v. StateSupreme Court of Alabama · 1881
  3. Wagoner v. StateIndiana Supreme Court · 1883
  4. People v. Crissie & HarveyNew York Supreme Court · 1847
  5. Commonwealth v. GradyCourt of Appeals of Kentucky · 1877

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3Cited by15 opinions

  1. State v. HammelsyOregon Supreme Court · 1908
  2. United States v. SveteCourt of Appeals for the Eleventh Circuit · 2009
  3. State v. FoxtonSupreme Court of Iowa · 1914
  4. Commonwealth v. FergusonCourt of Appeals of Kentucky · 1909
  5. Eaton v. StateAlabama Court of Appeals · 1918

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