Clark v. State
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Josiah Clark was convicted of false pretense, and he appeals.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Josiah Clark was convicted of false pretense, and he appeals. Omitting formal charging part, the indictment was as follows : Josiah Clark did falsely pretend to Ernest Hill, with the intent to defraud, that Henry Clark had instructed him, the said Josiah Clark, to procure Ernest Hill to confess judgment with the said Josiah Clark in the circuit court of Houston County, Ala., for the fine and cost in the case, wherein the State of Alabama was plaintiff, and Josiah Clark defendant, and by means of such false representation…
1Opinion of the CourtEvans, J.
(1, 2) Appellant was convicted under section 6920 of the Code for having obtained money under false pretenses. The sufficiency of the indictment is challenged on several grounds, both on motion to quash and on demurrers. (The reporter will set out the indictment.) It will be observed that the indictment follows the statutory form, except that in the conclusion thereof the word “representation” is substituted for the word pretense, thus reading, “and by means of such false representation obtained from the said Ernest H. Hill the sum of $54,” etc. The allegation of the false pretense relied on…
2Cases cited14 opinions
- Woodbury v. StateSupreme Court of Alabama · 1881
- Ex parte WattersSupreme Court of Alabama · 1913
- Beasley v. StateSupreme Court of Alabama · 1877
- Johnson v. StateSupreme Court of Alabama · 1901
- Meek v. StateSupreme Court of Alabama · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Simmons v. StateCourt of Appeals of Maryland · 1933
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- White v. City of BirminghamAlabama Court of Appeals · 1960
- Yeager v. StateCourt of Criminal Appeals of Alabama · 1986
- Foster v. StateAlabama Court of Appeals · 1918
11 more not listed; retrieve them via the Exa API.