Oliver v. State
Supreme Court of Alabama
Feom the Circuit Court of. Pickens. Tried before the Hon. A. A. ColemaN. The indictment in this case was in these words : • -“Tlie grand jurors of said county charge, that, before tire finding of this indictment, James Oliver did falsely pretend to Cornelius B. Sanders and Charles L. Stone, who were at the time members of a mercantile firm of the name and'style of Sanders & Stone, with intent to defraud, that he bad satisfied a certain deed of trust, whieh William P.…
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Feom the Circuit Court of. Pickens. Tried before the Hon. A. A. ColemaN. The indictment in this case was in these words : • -“Tlie grand jurors of said county charge, that, before tire finding of this indictment, James Oliver did falsely pretend to Cornelius B. Sanders and Charles L. Stone, who were at the time members of a mercantile firm of the name and'style of Sanders & Stone, with intent to defraud, that he bad satisfied a certain deed of trust, whieh William P. fiicbardson had or held upon tlie said James Oliver’s cotton tórop ; and that he, tlie said William Pinckney Richardson, had…
1Opinion of the CourtStone, J.
The indictment in this case contains.three counts, each of which is a .substantial compliance with the form furnished in the Co.de, — form No- 3-5, page 702. The only difference in the three counts consists in the designation of the person - to whom the false pretense was made, The varying averments in the several counts, in this regard, were evidently inserted to meet every, possible phase of the proof, as the same might arise, The averment of the person to whom the false pretense was made, ,was part and parcel of the means by which the offense was committed. The counts are severally good.…
2Cases cited2 opinions
- Johnson v. StateSupreme Court of Alabama · 1856
- Lowenthal v. StateSupreme Court of Alabama · 1858
3Cited by8 opinions
- Tanner v. StateSupreme Court of Alabama · 1890
- Bell & Murray v. StateSupreme Court of Alabama · 1872
- State v. KnowltonWashington Supreme Court · 1895
- Griggs v. United StatesCourt of Appeals for the Ninth Circuit · 1908
- State v. TatumMississippi Supreme Court · 1910
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