Cook v. State
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Charles D. Cook was convicted of procuring money by false pretense, and he appeals.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Charles D. Cook was convicted of procuring money by false pretense, and he appeals. Omitting the formal part, the indictment charged as follows: “Charles D. Cook did falsely pretend to John Hallford, with the intent to defraud, that he owned in his own right 118 acres of land in section 33, township 1, range 25, which was at the time free from encumbrance, and that there Avas no mortgage or lien on said land, and exécuted to John Hallford a mortgage on said land, and by the means of such false pretense obtained from John…
1Opinion of the CourtDenson, J.
Even were the motion to strike certain portions of the indictment meritorious, yet the action of the court in overruling the same could not be reviewed on this appeal, for the reason that it is shown only by the bill of exceptions. No mention is made of the motion in the judgment entry. — Gaston v. Marengo Improvement Company, 139 Ala. 465, 36 South. 738; Crawley’s Case, 146 Ala. 145, 41 South. 175.
Assuming that the court erred in allowing John TTa.11ford to testify that the defendant executed the mortgage, yet the court is satisfied that the ruling worked no injury to the defendant, as the…
2Cases cited6 opinions
- Beasley v. StateSupreme Court of Alabama · 1877
- O'Connor v. StateSupreme Court of Alabama · 1857
- Gaston v. Marengo Improvement Co.Supreme Court of Alabama · 1903
- Cowan v. StateCourt of Criminal Appeals of Texas · 1900
- Wilkerson v. StateSupreme Court of Alabama · 1903
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3Cited by3 opinions
- Milam v. StateSupreme Court of Alabama · 1940
- Prentice v. StateAlabama Court of Appeals · 1932
- State v. AlexanderSupreme Court of South Carolina · 1927