Sherard v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Dave Sherard was convicted of obtaining money by false pretenses, and appeals. The defendant was indicted for obtaining $200 by false pretenses, and from a judgment of conviction he appeals.
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Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Dave Sherard was convicted of obtaining money by false pretenses, and appeals. The defendant was indicted for obtaining $200 by false pretenses, and from a judgment of conviction he appeals. On the trial it was shown that the defendant had executed a mortgage to J. F. Hooper, hanker, describing four black mare mules from two to eight years old, one gray mare mule about nine years old, and one black horse mule seven years old, which were free from incumbrances ; and the witness Hooper testified, “Well, he said he had this…
1Opinion of the CourtSamford, J.
[1-3] In the offense of “obtaining money or property by false pretenses,” a primal ingredient is the falsity of the alleged pretense whereby the defendant obtained the money. Without proof of such falsity, the corpus delicti is not shown. This cannot be shown by the confessions of a defendant until independent evidence has been introduced to prove it. Johnson v. State, 142 Ala. 1, 37 South. 937. At the time this evidence was offered, there was absolutely no independent evidence of this fact, and the testimony of Trammell subsequently offered, that he was the owner of four mules, without…
2Cases cited3 opinions
- Mack v. StateSupreme Court of Alabama · 1879
- Johnson v. StateSupreme Court of Alabama · 1904
- Hicks v. StateAlabama Court of Appeals · 1914
3Cited by2 opinions
- Chillous v. StateCourt of Criminal Appeals of Alabama · 1981
- Perkins v. StateAlabama Court of Appeals · 1924