Bracey v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Noxubee County. Hon. W. M. Rogers, Judge. The grand jury of Noxubee County indicted W. Robert Bracey and Dillard J. Williams, jointly, for obtaining money by false and fraudulent pretenses from one Hezekiah Foote.
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Appeal from the Circuit Court of Noxubee County. Hon. W. M. Rogers, Judge. The grand jury of Noxubee County indicted W. Robert Bracey and Dillard J. Williams, jointly, for obtaining money by false and fraudulent pretenses from one Hezekiah Foote. It appears that Bracey, who was circuit clerk, and whose official duty it was to issue certificates of attendance to witnesses, whereon they collected their pay from the county, issued a series of false and fraudulent witness certificates under his name and official seal, and put them in the hands of Williams, who sold them to Foote. On the trial of…
1Opinion of the CourtArnold, J.
If Williams acted honestly, and Bracey received none of the money paid for the certificates, as assumed in the first instruction given for the State, Bracey could not properly be convicted of obtaining money by false pretenses.
In order to convict him of the offense charged, it was necessary that the money obtained, or some part thereof, should have been obtained by him or for him. 2 Whart. Or. L., §§ 2124 and 2140 ; Willis v. The People, 19 Hun. 84; Regina v. Garrett, 22 Eng. L. and Eq. Rep. 607; Roscoe’s Cr. Ev. 475.
Such was the construction which Begina v. Garrett, supra, placed on the…
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