Woodsmall v. State

Appellant, together with two others, was prosecuted by affidavit for conspiracy to commit the felony of obtaining money by false pretense. He was tried, found guilty and sentenced to serve an indeterminate term of from one to fourteen years imprisonment. Prom that judgment he appeals. This is the second conviction of appellant of the offense charged and his second appeal. Woodsmall v. State (1913), 179 Ind. 697, 102 N. E. 130. The indictment in the first trial failed to aver that the pretense alleged was false. Appellant filed a timely motion in arrest *615of judgment on the ground that the facts…