People v. Clough
New York Supreme Court
Certiorari to the Onondaga general sessions. Clough was indicted for obtaining money by false pretences. The indictment charged that by means of certain false feigning, deceitful motions, signs and gestures, the defendant gave out, represented and pretended to one A. B, that .he was deaf and dumb, and also that he exhibited to the said A. B. a false and counterfeit certificate, stating that he was deaf and dumb, destitute of property, and desirous of collecting money for the…
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Certiorari to the Onondaga general sessions. Clough was indicted for obtaining money by false pretences. The indictment charged that by means of certain false feigning, deceitful motions, signs and gestures, the defendant gave out, represented and pretended to one A. B, that .he was deaf and dumb, and also that he exhibited to the said A. B. a false and counterfeit certificate, stating that he was deaf and dumb, destitute of property, and desirous of collecting money for the purpose of procuring an education at an institution for the instruction of the deaf and dumb, and that by such false…
1Opinion of the Court
By the Court,
Cowen, J.
The decision of this case depends upon the question whether the statute to punish the obtaining of money or goods by false pretences was intended to protect the citizen from frauds beyond his commercial dealings, and to reach forgeries and other like pretences commonly got up by beggars to excite compassion, and induce acts of chaiity in favor of themselves or others. I find no case or dictum bringing this class of persons within the operation of this statute. In 2 Russell on Crimes, 289, a case is put, which the writer represents as a curious species of indictable…
2Cited by12 opinions
- State v. MellenbergerOregon Supreme Court · 1939
- State v. CrowleyWisconsin Supreme Court · 1876
- Baker v. StateWisconsin Supreme Court · 1903
- Strong v. StateIndiana Supreme Court · 1882
- People v. . TompkinsNew York Court of Appeals · 1906
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