State v. Ball
Mississippi Supreme Court
Appeal from the circuit court of' Jefferson Davis county. Hon. A. E. Weathebsby, Judge. B. B. Ball demurred to the affidavit charging him with obtaining property under false pretense and the demurrer being sustained, the state appeals. The facts are fully stated in the opinion of the court. I presume that the second ground of the demurrer was the one upon which the court acted in sustaining the demurrer.
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Appeal from the circuit court of' Jefferson Davis county. Hon. A. E. Weathebsby, Judge. B. B. Ball demurred to the affidavit charging him with obtaining property under false pretense and the demurrer being sustained, the state appeals. The facts are fully stated in the opinion of the court. I presume that the second ground of the demurrer was the one upon which the court acted in sustaining the demurrer. The proposition in this case amounts to this: Is labor, or a professional service, property or a valuable thing within the meaning of the above statute? The crime of obtaining money by false…
1Opinion of the CourtHolden, J.
This is an appeal by the state from a judgment of the circuit court of Jefferson Davis county sustaining á demurrer to an affidavit charging the appellee, B. B. Ball, with obtaining property or valuable thing by false *508jpretenses. Ball was convicted on the affidavit in the justice is court, and he appealed to the circuit court, where the demurrer to the affidavit was sustained; hence this appeal here.
The affidavit reads in part as follows:
“ ... Then and there knowingly, wilfully, and unlawfully, and with the unlawful intent and purpose to cheat and defraud one J. B. Magee, a medical doctor,…
2Cited by3 opinions
- Stokes v. StateCourt of Criminal Appeals of Oklahoma · 1961
- Young v. StateMississippi Supreme Court · 1968
- Commonwealth v. McCraySuperior Court of Pennsylvania · 1967