Horton v. State
Ohio Supreme Court
Error to the Circuit' Court of Mercer county. At the October term 1909 of the court of common pleas of Mercer county the grand jury returned an indictment against John Horton for obtaining money under false pretenses from one Frank Linneman.
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Error to the Circuit' Court of Mercer county. At the October term 1909 of the court of common pleas of Mercer county the grand jury returned an indictment against John Horton for obtaining money under false pretenses from one Frank Linneman. Omitting formal parts the indictment is as follows: “That John Horton unlawfully did falsely pretend with intent to defraud one Frank Linneman, that he was selling counterfeit money; by which said false pretenses the said John Horton, then and there unlawfully did obtain from said Frank Linneman sixty-five dollars in money, of the value of sixty-five…
1Opinion of the CourtJohnson, J.
Defendant contends that the indictment is defective in that it is indefinite and does not sufficiently set forth the alleged false pretenses and does not allege that the pretenses were in fact false, and further that the indictment does not charge a crime under the law.
This court has many times declared that a criminal offense must be charged with reasonable certainty in the indictment so as' to apprise the defendant of that which he may expect to meet and be required to answer; so that the court and jury may know what they are to try, and the court may determine without unreasonable…
2Cases cited12 opinions
- People v. . MillerNew York Court of Appeals · 1902
- Dillingham v. StateOhio Supreme Court · 1855
- People v. MartinCalifornia Supreme Court · 1894
- McCord v. . the PeopleNew York Court of Appeals · 1871
- People v. . TompkinsNew York Court of Appeals · 1906
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