Legal Opinion

Brown v. State

Indiana Supreme Court

Decided February 14, 1906No. 20,687PublishedCited by 11 opinions

Erom Washington Circuit Court; Thomas B. Buskirk, Judge. Prosecution by the State of Indiana against Ered Brown. Erom a judgment of conviction, defendant appeals.

1Opinion of the CourtHadley, J.

—Appellant was convicted upon an affidavit charging him and Henry Lamping with obtaining goods rnder false pretenses on June 23, 1905.

The objection to the sufficiency of the affidavit to charge a public offense is that the check upon which the 1. prosecution is based is a promise to pay at a future date. It reads as follows:

“Medora, Indiana, June 23, 1905.

Payable June 26, 1905.

Medora State Bank

Pay to Henry Lamping, or order, fifteen dollars .($15).

Henry Lamping.”

Endorsed on back as follows:

“Henry Lamping,

Ered Brown.”

It is alleged in the affidavit that Lamping exhibited the check to Sutton,…

2Cases cited2 opinions

  1. Keller v. StateIndiana Supreme Court · 1875
  2. State v. MageeIndiana Supreme Court · 1858

3Cited by11 opinions

  1. Madison v. StateIndiana Supreme Court · 1955
  2. State v. HowdUtah Supreme Court · 1920
  3. Roark, Holcomb v. StateIndiana Supreme Court · 1955
  4. Weis v. CoxIndiana Supreme Court · 1933
  5. State v. FerrisIndiana Supreme Court · 1909

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