Legal Opinion

State v. Penley

Supreme Court of Connecticut

Decided October 15, 1858PublishedCited by 16 opinions

Information for cheating by false pretenses. The information alleged that, at New Milford in the county of Litchfield, on, &c., William Penley of Danbury in the county of Fairfield, contriving and intending by false pretenses to cheat and defraud one Thaddeus M. Percy, of said New Milford, of his goods and chattels, to wit: one yoke of oxen, of the value of $ 100, did falsely, unlawfully and designedly represent to the said Percy, that he, the said Penley, then owned a farm…

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Information for cheating by false pretenses. The information alleged that, at New Milford in the county of Litchfield, on, &c., William Penley of Danbury in the county of Fairfield, contriving and intending by false pretenses to cheat and defraud one Thaddeus M. Percy, of said New Milford, of his goods and chattels, to wit: one yoke of oxen, of the value of $ 100, did falsely, unlawfully and designedly represent to the said Percy, that he, the said Penley, then owned a farm in said town of Danbury, and that he was worth money enough to pay for twenty such yokes of cattle; whereas in truth and…

1Opinion of the CourtSanford, J.

The jury found the accused guilty, under the instruction of the court that, “ if the accused made the representations set forth in the information for the purposes therein alleged, the offense contemplated by the statute had been committed, notwithstanding such representations were mere naked assertions; ” so that the same general question is presented by the motion for a new trial on account of a supposed error in the charge, as upon the motion in arrest for the insufficiency of the information.

It is undoubtedly true that there are still, as Lord Kenyon said there were in his day, certain…

2Cases cited2 opinions

  1. People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
  2. People v. KendallNew York Supreme Court · 1841

3Cited by16 opinions

  1. State v. TedescoSupreme Court of Connecticut · 1978
  2. Haines v. TerritoryWyoming Supreme Court · 1887
  3. State v. CostelloSupreme Court of Connecticut · 1892
  4. Paul Bailey's, Inc. v. Commissioner of Motor VehiclesSupreme Court of Connecticut · 1975
  5. KINNEYBoard of Immigration Appeals · 1964

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