State v. Porter
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. G-. II. Buroko hartt, Judge. 'The indictment is defective in this, that it does not allege and negative the pretense, and does not allege that Williams believed the pretense to be true and by reason thereof signed the note. R. S. 1879, § 1335; State v. Evers, 49 Mo. 542; State v. Bonnell, 46 Mo. 395 ; State v. Saunders, 63 Mo. 482. The offense aimed at by section 1561 is the obtaining of money or “ property ” by false pretenses.
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Appeal from Randolph Circuit Court. — Hon. G-. II. Buroko hartt, Judge. 'The indictment is defective in this, that it does not allege and negative the pretense, and does not allege that Williams believed the pretense to be true and by reason thereof signed the note. R. S. 1879, § 1335; State v. Evers, 49 Mo. 542; State v. Bonnell, 46 Mo. 395 ; State v. Saunders, 63 Mo. 482. The offense aimed at by section 1561 is the obtaining of money or “ property ” by false pretenses. State v. Fancher, 71 Mo. 460. A note is not the property of the maker. This note was not the property of Williams, but when…
1Opinion of the CourtHenry, J.
Appellant and one Turner were jointly indicted at a special term of the Randolph circuit court held in June, 1881, and appellant was convicted and sentenced to imprisonment in the penitentiary for a term of three years, on the following indictment, omitting the caption : “ T. G. Porter and N. R. Turner, late of the county of Randolph aforesaid, on the 25th day of May, 1881, at Moniteau township, in Randolph county, and State aforesaid, within the jurisdiction of said circuit court, with intent to cheat and defraud, did unlawfully and feloniously obtain from William O. Williams a certain…
2Cases cited5 opinions
- State v. ClintonSupreme Court of Missouri · 1878
- State v. TestermanSupreme Court of Missouri · 1878
- People v. Loomis & RamsdellNew York Supreme Court · 1847
- State v. RuganSupreme Court of Missouri · 1878
- State v. CoxSupreme Court of Missouri · 1878
3Cited by22 opinions
- State v. SaundersOregon Supreme Court · 1886
- State v. BartmessOregon Supreme Court · 1898
- State v. PattersonSupreme Court of Missouri · 1885
- Birmingham Union Railway Co. v. SmithSupreme Court of Alabama · 1890
- Holton v. StateSupreme Court of Georgia · 1899
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