State v. . Munday
Supreme Court of North Carolina
INDICTMENT for Obtaining goods under False Pretences,, tried at Fall Term, 1877, of Watauga Superior Court, before Cloud, J. The bill of indictment was as follows: The jurors, &c., present, that Robert Munday, &c., unlawfully did falsely pretend to one Joseph Moretz, that he, Munday, was seized in fee and possessed of a certain tract of land lying, (describing the land) and that said Munday had a good title to the same free from all incumbrances whatsoever, by means of said…
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INDICTMENT for Obtaining goods under False Pretences,, tried at Fall Term, 1877, of Watauga Superior Court, before Cloud, J. The bill of indictment was as follows: The jurors, &c., present, that Robert Munday, &c., unlawfully did falsely pretend to one Joseph Moretz, that he, Munday, was seized in fee and possessed of a certain tract of land lying, (describing the land) and that said Munday had a good title to the same free from all incumbrances whatsoever, by means of said false pretence, he, the said Munday, did then and there induce said Moretz to purchase said land, and by means of said…
1Opinion of the CourtReade, J.
A says to B, here is a tract of land which belongs to me, and to which I have a perfect title, free from incumbrance; I will sell it to you and make you a perfect title for $300. 13 says I will give it, and he does give it. It turns out that A had no title, ar an incumbered one, and •that he knew it at the time, and intended to cheat and defraud B out of his mcney. Ánd B was defrauded. Is that ¡a false pretence indictable in A ? The defendant says it is not, because false pretence is akin to larceny, and that land is not the subject of larceny, and that neither land nor any transaction…
2Cases cited1 opinion
- State v. . PhiferSupreme Court of North Carolina · 1871
3Cited by9 opinions
- Thomas v. PeopleIllinois Supreme Court · 1885
- Miller v. PeopleSupreme Court of Colorado · 1896
- Brown v. StateCourt of Criminal Appeals of Texas · 1911
- State v. KeyesSupreme Court of Missouri · 1906
- State v. WallaceCourt of Appeals of North Carolina · 1975
4 more not listed; retrieve them via the Exa API.