Gardner v. State
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. James S. Gardner was convicted of obtaining money under false pretenses, and he appeals.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. James S. Gardner was convicted of obtaining money under false pretenses, and he appeals. The indictment was as follows: “The grand jury of said county charges: That before the finding of this indictment James S. Gardner did falsely pretend to N. B. Crawford, with the intent to injure or defraud, that he OAvned 320 acres of land, more or less, in Washington county, Florida. [Here follows description of land.] That the title to said land Avas clear, that said lands had been entered by his brother and another person, who had…
1Opinion of the CourtPelham, J.
The defendant is indicted for-obtaining money by false pretenses in violation .of section 6920 of the Code of 1907. The indictment-was not subject to the demurrers interposed.. -It followed the Code form (No. 58, p. 670 of the Code), as nearly as-the facts would permit,-in the manner-of stating the act constituting the offense charged.- , - ...
*136The averment of intent to injure or defraud was alleged generally, without naming the particular person intended to be defrauded, as is authorized by section 7146 of the Code, and, the allegation of deception and injury being the very essence of the…
2Cases cited14 opinions
- Braham v. StateSupreme Court of Alabama · 1904
- Whatley v. StateSupreme Court of Alabama · 1906
- Beasley v. StateSupreme Court of Alabama · 1877
- Meek v. StateSupreme Court of Alabama · 1897
- Adams v. StateSupreme Court of Alabama · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Addington v. StateAlabama Court of Appeals · 1916
- People v. SteffnerCalifornia Court of Appeal · 1924
- Foote v. StateAlabama Court of Appeals · 1917
- Edwards v. StateCourt of Criminal Appeals of Alabama · 1969
- Hines v. StateCourt of Criminal Appeals of Alabama · 1973
7 more not listed; retrieve them via the Exa API.