Cowles v. State
Supreme Court of Alabama
From the Circuit Court 'of Butler. Tried before tbe Hon. P. O. Harper. The indictment in this case charged, that the defendant, Aaron D. Cowles, “fraudulently exhibited a false sample'of cotton, by means whereof one William G. Harrison was injured.”
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From the Circuit Court 'of Butler. Tried before tbe Hon. P. O. Harper. The indictment in this case charged, that the defendant, Aaron D. Cowles, “fraudulently exhibited a false sample'of cotton, by means whereof one William G. Harrison was injured.” After conviction, the defendant moved in arrest of judgment, on,account of the insufficiency of the indictment in the following particulars: “ 1st, that it does not describe with sufficient certainty and precision the ingredients which constitute the offence ; 2d, that it does not state in what respect, or in what way, the sample was false; 3d,…
1Opinion of the CourtB. F. Saffold, J.
The statute under which the indictment was found declares, that “ Any person, who fraudu*456lently exhibits any false sample of any cotton, or of any other article or commodity, by means whereof any person is injured, must, on conviction, be fined not less than fifty dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months.” The exhibition of a false sample of cotton is not made an offence; nor is such fraudulent exhibition so made, unless somebody is injured thereby. But the gist of the offence declared is the fraudulent…
2Cases cited1 opinion
- Wright v. BollingSupreme Court of Alabama · 1855