Bobbitt v. State
Supreme Court of Alabama
From tbe Circuit Court of Tuskaloosa. |Tried before tbe Hon. S. H. Sprott. indictment in this case charged that tbe defendant, “J. O. Bobbitt, whose Christian name is to tbe grand jury unknown, did falsely pretend to Columbus Dunlap, with intent to defraud, that representing some company, which is to the grand jury unknown, that desired to purchase land in this country, he had one hundred thousand dollars in Tuskaloosa, with which to purchase lands; and, by means of such…
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From tbe Circuit Court of Tuskaloosa. |Tried before tbe Hon. S. H. Sprott. indictment in this case charged that tbe defendant, “J. O. Bobbitt, whose Christian name is to tbe grand jury unknown, did falsely pretend to Columbus Dunlap, with intent to defraud, that representing some company, which is to the grand jury unknown, that desired to purchase land in this country, he had one hundred thousand dollars in Tuskaloosa, with which to purchase lands; and, by means of such false pretenses, did obtain from the said Columbus Dunlap thirty-five dollars in money, as a fee to investigate the titles…
1Opinion of the CourtStone, C. J.
We have examined the record in this case with care, and are not able to perceive any error in the rulings of the court. The pretenses alleged to have been falsely made were of fact, and not mere opinion, or promise broken. They were calculated to deceive; and if they were intentionally made, were acted on, and a thing of value parted with in the confidence of their truth, while in fact they were false and intended to defraud, every requirement of the statute was met, and the defendant was and is guilty. — Code of 1886, § 3811.
The indictment is sufficient. —Form 47, Code of 1886, Vol. 2, p.…
2Cases cited2 opinions
- Belmont Coal & Railroad v. SmithSupreme Court of Alabama · 1883
- Pfister v. StateSupreme Court of Alabama · 1887
3Cited by3 opinions
- Addington v. StateAlabama Court of Appeals · 1916
- Pearce v. StateSupreme Court of Alabama · 1896
- Calhoun v. StateSupreme Court of Alabama · 1904