Commonwealth v. Lee
Massachusetts Supreme Judicial Court
Indictment for obtaining goods by false pretences, alleging that the defendant, “with intent to cheat and defraud Worthen T. James, and with the view and intent, by means of the false pretences and representations hereinafter set forth, to effect the sale by said Worthen to said Lee of the property and goods of said Worthen hereinafter set forth, and to obtain and get into his, said Lee’s, hands and possession the property, goods, and chattels of said Worthen, hereinafter…
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Indictment for obtaining goods by false pretences, alleging that the defendant, “with intent to cheat and defraud Worthen T. James, and with the view and intent, by means of the false pretences and representations hereinafter set forth, to effect the sale by said Worthen to said Lee of the property and goods of said Worthen hereinafter set forth, and to obtain and get into his, said Lee’s, hands and possession the property, goods, and chattels of said Worthen, hereinafter mentioned, upon credit and with the intention not to pay for the same, did then and there unlawfully, knowingly, and…
1Opinion of the CourtDevens, J.
1. The motion to quash the indictment was properly overruled. The allegation that the goods were obtained by the false statement, on the part of the defendant, that he was the owner of certain property upon which he gave a mortgage to the seller, one James, thereby inducing him to part with his goods, was a clear and sufficient charge of' obtaining goods by false pretences. If, after this false pretence *184that the defendant was the owner of the property to be mortgaged, the mortgage was given, even if the goods would not have been delivered to the defendant but for this fact, the false pretence…
2Cases cited2 opinions
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Woodcock v. BowmanCourt of Appeals of Kentucky · 1862
3Cited by20 opinions
- Yorke v. TaylorMassachusetts Supreme Judicial Court · 1955
- Commonwealth v. StasiunMassachusetts Supreme Judicial Court · 1965
- National Shawmut Bank v. JohnsonMassachusetts Supreme Judicial Court · 1945
- Commonwealth v. MulreyMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1898
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