Legal Opinion

State v. Moore

Supreme Court of Iowa

Decided December 21, 1863PublishedCited by 6 opinions

Appeal from Jasper District Court. Defendant was indicted, tried and found guilty of “cheating by false pretenses.” On his motion the judgment was arrested, for the reason that no offense against the laws of this State was charged in the indictment, and the State appeals. cited The People v. Babcock, 7 John., 201; The People v. Johnson, 12 Id., 292; Moore v. The Commonwealth, 3 Barn., 260; The People v. Haynes, 14 Wend., 547. cited Rev. 1860, §§ 4394, 4856 ; 2 Bish. Or.

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Appeal from Jasper District Court. Defendant was indicted, tried and found guilty of “cheating by false pretenses.” On his motion the judgment was arrested, for the reason that no offense against the laws of this State was charged in the indictment, and the State appeals. cited The People v. Babcock, 7 John., 201; The People v. Johnson, 12 Id., 292; Moore v. The Commonwealth, 3 Barn., 260; The People v. Haynes, 14 Wend., 547. cited Rev. 1860, §§ 4394, 4856 ; 2 Bish. Or. Law, §§ 391-394; Moore v. The Commonwealth, 3 Barn., 360.

1Opinion of the CourtWright, J.

The indictment charges, that defendant by false pretenses induced one Jane Piney to take from him several worthless promissory notes, whereby he obtained an indorsement and credit upon a certain promissory note of eleven hundred dollars, held by the said Jane Piney against said Moore. The judgment was arrested, for the reason that the indictment did not show that the prisoner had obtained any money, goods or other property, within the meaning of the statute. And this ruling we think must be affirmed.

The statute is ( § 4394): “If any person designedly and by false pretense, or by any privy or…

2Cases cited2 opinions

  1. People v. StoneNew York Supreme Court · 1832
  2. People v. JohnsonNew York Supreme Court · 1815

3Cited by6 opinions

  1. Bates v. StateWisconsin Supreme Court · 1905
  2. State v. PietrantonWest Virginia Supreme Court · 1952
  3. State v. ChambersSupreme Court of Iowa · 1917
  4. State v. KieferSupreme Court of Iowa · 1915
  5. Carville v. LaneSupreme Judicial Court of Maine · 1917

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