People v. Conger
New York Court of General Session of the Peace
Demurrer. This was an indictment under the statute for obtaining the goods of Alexander Watson, on the 15th of December, 1818, by false pretences. The indictment alledged, that the defendant, intending to impose upon Watson, and to cheat and defraud him,' “ did falsely pretend, to the said Alexander Watson, that he, the said James Conger, was a person of wealth and credit,” and wished to purchase a quantity of goods of Watson.
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Demurrer. This was an indictment under the statute for obtaining the goods of Alexander Watson, on the 15th of December, 1818, by false pretences. The indictment alledged, that the defendant, intending to impose upon Watson, and to cheat and defraud him,' “ did falsely pretend, to the said Alexander Watson, that he, the said James Conger, was a person of wealth and credit,” and wished to purchase a quantity of goods of Watson. That the defendant examined a quantity of goods, and selected certain articles, which are specified in the indictment, by the insertion of what appears to be a copy of…
1Opinion of the Court
Colden, Mayor.
The court is now to decide on the validity of the indictment; or in other words, supposing all the facts stated in the indictment to be true, or to have been proved, whether the defendant could be subjecte1^ to punishment as an offender either against the common or statute law. For it is now settled, that upon an ,. „ . . , _ indictment sufficiently stating a common law offence, a defendant may be convicted, though it concludes against the form of the statute, if the evidence should not be sufficient to support the charge under the statute. 5 T. R. 162. 3 Bac. Abr. 571.
An…
2Cited by1 opinion
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