Beasley v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Heney. The defendant was indicted for obtaining goods under false pretences, and pleaded not guilty. The defendant went to the city of Greenville, in Butler county, on the 11th of October, 1877. There he sold a bale of cotton, which he had carried with him, and applied the money received for it to the payment of a mortgage debt, Avhich he owed to Strouse & Steinhart, merchants of that city.
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Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Heney. The defendant was indicted for obtaining goods under false pretences, and pleaded not guilty. The defendant went to the city of Greenville, in Butler county, on the 11th of October, 1877. There he sold a bale of cotton, which he had carried with him, and applied the money received for it to the payment of a mortgage debt, Avhich he owed to Strouse & Steinhart, merchants of that city. He asked if they Avould sell him goods that he wanted. Steinhart replied: “ If I sell you some goods, Avhat security can you give me?”…
1Opinion of the CourtStone, J.
— "We find no error in this record. There are not two false pretences proved. The testimony is that the same pretence was twice repeated on different days, and that on such pretence the defendant obtained merchandise on each of the days. This is but one transaction, and not a case for election. — 2 Bish. Cr. law § 356.
Neither is there any material variance between the charge in the indictment and in the proof. The charge is that he falsely pretended that he had two bales of cotton. The proof was that he said he had'“two bales of cotton out, and in a house at home, and one in the field.” It…
2Cases cited1 opinion
- O'Connor v. StateSupreme Court of Alabama · 1857
3Cited by23 opinions
- Addington v. StateAlabama Court of Appeals · 1916
- Jones v. StateSupreme Court of Alabama · 1937
- Carl v. StateSupreme Court of Alabama · 1899
- State v. ChingrenSupreme Court of Iowa · 1898
- Snodgrass v. ReynoldsSupreme Court of Alabama · 1885
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