Johnson v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before the Hon. Daniel A. Greene. The appellant in this case, W. E. Johnson, was indicted, tried and convicted for obtaining money under false pretenses.
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Appeal from the Criminal Court of Jefferson. Tried before the Hon. Daniel A. Greene. The appellant in this case, W. E. Johnson, was indicted, tried and convicted for obtaining money under false pretenses. The first count of the indictment was in words and figures as -follows; “The grand jury of said county charge that before the finding of this indictment W. E. Johnson, whose name is to the grand jury otherwise unknown, did falsely pretend to Louis E. Brinkmeyer, with the intent to defrand, that, he had and owned one-third interest in a United States- Government certificate for the sum of…
1Opinion of the Court
McCLELLAN, C. j.
The court did not err in overruling the demurrer ti> the first count of the indictment. It is in the Code form. — Code 1896, § 4923, Form 48, Criminal Code, p. 330.
The case being tried on the first count, a primal ingredient of the offense was the falsity of the alleged representations whereby defendant obtained money from Brinkmeyer. Without proof of such falsity the corpus delicti was not shown. The only evidence offered to show that the representations were false was the confession of the defendant to that-effect. In the absence of independent- evidence in that connection…
2Cases cited3 opinions
- Matthews v. StateSupreme Court of Alabama · 1876
- Smith v. StateSupreme Court of Alabama · 1901
- Stringer v. StateSupreme Court of Alabama · 1902
3Cited by10 opinions
- Hill v. StateSupreme Court of Alabama · 1922
- Hines v. StateSupreme Court of Alabama · 1954
- State v. CharityMissouri Court of Appeals · 1979
- Dennis v. StateAlabama Court of Appeals · 1917
- Pate v. StateAlabama Court of Appeals · 1953
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