Legal Opinion

State v. Tatum

Mississippi Supreme Court

Decided March 15, 1910PublishedCited by 13 opinions

Teom tbe circuit court of Newton county. HoN Jakes R. Byed, Judge. Tatum, appellee, was indicted for obtaining money under false pretenses. He demurred to tbe indictment, bis demurrer was sustained, tbe indictment adjudged insufficient, final judgment was rendered for defendant and tbe state appealed to tbe supreme court. Tbe opinion of tbe court sufficiently states tbe averments of tbe indictment and presents tbe points decided.

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Teom tbe circuit court of Newton county. HoN Jakes R. Byed, Judge. Tatum, appellee, was indicted for obtaining money under false pretenses. He demurred to tbe indictment, bis demurrer was sustained, tbe indictment adjudged insufficient, final judgment was rendered for defendant and tbe state appealed to tbe supreme court. Tbe opinion of tbe court sufficiently states tbe averments of tbe indictment and presents tbe points decided. It will be noted that tbe indictment does not purport to allege that tbe property was procured by means of putting off as true a false and fraudulent written…

1Opinion of the CourtSmith, J.

Appellee was indicted in the court below for obtaining money under false pretenses; This indictment was demurred to-, and *433from a judgment sustaining the .demurrer, and quashing the indictment, this appeal is taken by the state.

The allegations of tbe indictment necessary to be here considered are as follows: First, “did then and there falsely and feloniously pretend, by means of letters and otherwise, to the said Aycock Frank Alvis Company that the said M. J. Tatum had in his possession,” etc.; and, second, “did * * * obtain from the said Aycock Frank Alvis Company six hundred dollars in…

2Cases cited2 opinions

  1. People v. MillanCalifornia Supreme Court · 1895
  2. Oliver v. StateSupreme Court of Alabama · 1861

3Cited by13 opinions

  1. Barnes v. American Fertilizer Co.Court of Appeals of Virginia · 1925
  2. Westmoreland v. StateMississippi Supreme Court · 1971
  3. Hampton v. StateMississippi Supreme Court · 1911
  4. Bruce v. StateMississippi Supreme Court · 1953
  5. Carter v. StateMississippi Supreme Court · 1980

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