State v. Stewart
North Dakota Supreme Court
Appeal from District Court, Sargent County; Lauder. J. Robert H. Stewart was convicted of obtaining money by false pretenses, and he appeals. The indictment 'is fatally defective because it fails to state thjit the certificate, declared upon as a false token was not in truth and in fact issued by the township clerk, and was not in truth and in fact his act.
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Appeal from District Court, Sargent County; Lauder. J. Robert H. Stewart was convicted of obtaining money by false pretenses, and he appeals. The indictment 'is fatally defective because it fails to state thjit the certificate, declared upon as a false token was not in truth and in fact issued by the township clerk, and was not in truth and in fact his act. In other words, the allegations in the indictment are not direct and certain as regards the particular circumstances of the offense charged. §§ 8039, 8040, Rev. Codes; Peo. v. Gates, 13 Wend. 311; Peo. v. Merriam, 28 Mich. 233; State v.…
1Opinion of the CourtYoung, J.
The defendant was indicted by the grand jury of Sargent County for the crime of obtaining money by false pretenses. The trial resulted in a conviction. A motion for a new trial was overruled, and he was sentenced to imprisonment in the penitentiary for one year. The defendant is charged with having fraudulently obtained money from Sargent County by means of a false, forged, and fictitious instrument presented and used 'by him as evidencing an indebtedness of the county to him for the destruction ojj gophers. This is one of a series of offenses which appear to have been committed in that…
2Cases cited27 opinions
- People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
- People v. WakelyMichigan Supreme Court · 1886
- People v. HensslerMichigan Supreme Court · 1882
- People v. WasservogleCalifornia Supreme Court · 1888
- Woodbury v. StateSupreme Court of Alabama · 1881
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3Cited by13 opinions
- United States v. SveteCourt of Appeals for the Eleventh Circuit · 2009
- Commonwealth v. IannelloMassachusetts Supreme Judicial Court · 1962
- State v. BibyNorth Dakota Supreme Court · 1985
- Dexter Horton National Bank v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1928
- State v. DetloffSupreme Court of Iowa · 1925
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