Legal Opinion

State v. Swan

Utah Supreme Court

Decided December 5, 1906No. 1728PublishedCited by 7 opinions

Appeal from District Court, Weber County; J. A. Howell, Judge. William E. Swan was convicted of false pretenses, and be appeals. APPELLANT'’S POINTS. “Counts of an indictment,' charging false pretenses in obtaining payment of a claim against a county, which fail to accurately describe the pretenses, the order or warrant issued to the defendant to whom it was payable, for what amount it was, drawn, are insufficient on motion to quash.”

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Appeal from District Court, Weber County; J. A. Howell, Judge. William E. Swan was convicted of false pretenses, and be appeals. APPELLANT'’S POINTS. “Counts of an indictment,' charging false pretenses in obtaining payment of a claim against a county, which fail to accurately describe the pretenses, the order or warrant issued to the defendant to whom it was payable, for what amount it was, drawn, are insufficient on motion to quash.” (Johnson v. State, 75 Ind. 553; People v. Ellenwood [Cal], 51 Pac. 553; 2 Bishop, Criminal Law, sec. 460, et seq.; Moore, Criminal Law, sec. 733; Wharton,…

1Opinion of the CourtFrick, J.

The appellant, William R. Swan, was tried and convicted of a felony, and by the judgment of the court sentenced to imprisonment in the state prison, from which judgment he appeals.

The appellant wgs informed against jointly with one Arthur H. Conlisk, but was separately tried. The charging part- of the information' is as follows: “On the 14th day of January, 1905 at the county of Weber and state of Utah, did then and there unlawfully, willfully, and feloniously, and with intent to defraud the state of Utah, present for allowance to the county clerk of Weber county, state of Utah, who was then…

2Cases cited12 opinions

  1. State v. WilliamsonUtah Supreme Court · 1900
  2. People v. CarolanCalifornia Supreme Court · 1886
  3. People v. SaviersCalifornia Supreme Court · 1859
  4. People v. MurrayCalifornia Supreme Court · 1885
  5. State v. BarnsTexas Supreme Court · 1860

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3Cited by7 opinions

  1. State v. TophamUtah Supreme Court · 1912
  2. Law, Co. v. SmithUtah Supreme Court · 1908
  3. State v. GesasUtah Supreme Court · 1916
  4. Utah Savings and Loan Association v. MechamUtah Supreme Court · 1961
  5. State v. ZaharopoulosUtah Supreme Court · 1922

2 more not listed; retrieve them via the Exa API.

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