Colly v. State
Supreme Court of Alabama
FROM tbe Circuit Court of Butler. Tried before tbe Hon. JOHN K. Henry. Tbis prosecution was commenced in tbe County Court, and was carried by appeal to tbe Circuit Court, where tbe following complaint (or charge) was filed: “Tbe State of Alabama, by its solicitor, complains of Spencer Colly, that, within twelve months before tbe commencement of tbis prosecution, being then in tbe actual employ of B. H. Bush, be did falsely pretend to him, tbe said R. H. Bush, with tbe intent…
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FROM tbe Circuit Court of Butler. Tried before tbe Hon. JOHN K. Henry. Tbis prosecution was commenced in tbe County Court, and was carried by appeal to tbe Circuit Court, where tbe following complaint (or charge) was filed: “Tbe State of Alabama, by its solicitor, complains of Spencer Colly, that, within twelve months before tbe commencement of tbis prosecution, being then in tbe actual employ of B. H. Bush, be did falsely pretend to him, tbe said R. H. Bush, with tbe intent to defraud him, that be would remain with him, tbe said R. H. Bush, and labor on bis farm tbe whole of the remainder of…
1Opinion of the Court
STONE, J. —
Tbe charge, or criminal accusation, on which the appellant was tried and convicted in this cause, is insufficient. It charges no more than the making of a promise, to be performed in the future, which the defendant failed to observe and keep. This falls short of the requirements of section 3714 of the Eevised Code. “A false pretense is a false representation, which may be in mere oral words, or it may be in writing, or by signs, or the like, relating to some existing or past fact; and, to be indictable otherwise than as an attempt, it must actually mislead, and so produce such a…
2Cited by12 opinions
- Harris v. StateOhio Supreme Court · 1932
- Addington v. StateAlabama Court of Appeals · 1916
- State v. HowdUtah Supreme Court · 1920
- Eaton v. StateAlabama Court of Appeals · 1918
- State Ex Rel. Sanford v. RiddleSupreme Court of Alabama · 1925
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