Taylor v. Commonwealth
Court of Appeals of Kentucky
Case 43 — INDICTMENT— 1. As the two writings exhibited by the witness Karr were not mentioned or described in the indictment, the court should have excluded them from the jury. (Claeban v. Commonwealth, 3 Met., 234;, Criminal Code, see. 124.) 2. To constitute the offense of obtaining money by false pretenses, the false pretense must consist of some past occurrence or some present existing fact.
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Case 43 — INDICTMENT— 1. As the two writings exhibited by the witness Karr were not mentioned or described in the indictment, the court should have excluded them from the jury. (Claeban v. Commonwealth, 3 Met., 234;, Criminal Code, see. 124.) 2. To constitute the offense of obtaining money by false pretenses, the false pretense must consist of some past occurrence or some present existing fact. Ho statement of any thing to take place in future is a pretense within the meaning of the law. (Glackan v. Oommonwealtb, 3 Met., 234; Ai-chbold’s Crim. Practice, vol. 2, 465 -r 2 Bishop on Grim. Law,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
In the indictment under which he was convicted, appellant is charged with the offense of obtaining money and property under false pretenses, committed in the following manner: That he, John Storms and E. B. Storms, conspired and confederated to defraud and obtain flour and meal from the firm of Galloway & Burnam, dealing by wholesale therein at Paint Lick, and for that purpose did make, forge and print the following words and figures on paper in the style of a business letter-head, viz: “Office of E. B. Taylor, dealer in dry goods, clothing, boots…
2Cited by7 opinions
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- State v. StewartNorth Dakota Supreme Court · 1900
- Commonwealth v. HarperCourt of Appeals of Kentucky · 1922
- Bullitt v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1926
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