Baysinger v. State
Supreme Court of Alabama
indictmentfor Obtamvng Money by False Pretenses. From the Circuit Court of Shelby. Tried before the lion. Leroy F. Box. The indictment in this case charged, in the first count, that the defendant, Thomas Baysinger, “ with intent to defraud, did falsely pretend to M. F. Pope that G. W. McGowen had signed an order, which the said defendant presented to said Pope, and by means of such false pretense obtained from said Pope four and 50 100 dollarsand in the second count, in the…
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indictmentfor Obtamvng Money by False Pretenses. From the Circuit Court of Shelby. Tried before the lion. Leroy F. Box. The indictment in this case charged, in the first count, that the defendant, Thomas Baysinger, “ with intent to defraud, did falsely pretend to M. F. Pope that G. W. McGowen had signed an order, which the said defendant presented to said Pope, and by means of such false pretense obtained from said Pope four and 50 100 dollarsand in the second count, in the same words, that the pretense was made to J. F. Pope, and the money obtained from him. The defendant filed a special…
1Opinion of the CourtClopton, J.
The pleas of autrefois acquit and autrefois convict, being founded on the common-law maxim, that no man shall twice be put in jeopardy for the same offense — a principle enlarged and enforced in the Federal and State constitutions — are classed among favored pleas. It has been said, the lowest degree of certainty will suffice — certainty to a common intent. The averments of the plea must be such as show that the defendant is entitled to the protection invoked. The plea must aver identity of persons, and identity of offenses; not necessarily in express terms, but at least facts showing with…
2Cases cited1 opinion
- Henry v. StateSupreme Court of Alabama · 1859
3Cited by7 opinions
- Andrews v. StateSupreme Court of Alabama · 1911
- Whitehead v. StateAlabama Court of Appeals · 1918
- Holcomb v. StateAlabama Court of Appeals · 1922
- Mooring v. StateSupreme Court of Alabama · 1900
- Black v. StateSupreme Court of Alabama · 1898
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