State v. Green
Supreme Court of Missouri
, Appeal from, Lafayette Criminal Court. — Hon. - John E. Rxiand, Judge. (1) The first count in the indictment contains the .necessary ¡allegation to render it sufficient under Revised Statutes, section 1335. State v. Davis, 70 Mo. 467; State v. Anderson, 81 Mo. 78 ; Stale v. Madden, 81 Mo. 421. (2) Tbe gravamen of the offence consists in obtaining money or property by false pretenses.
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, Appeal from, Lafayette Criminal Court. — Hon. - John E. Rxiand, Judge. (1) The first count in the indictment contains the .necessary ¡allegation to render it sufficient under Revised Statutes, section 1335. State v. Davis, 70 Mo. 467; State v. Anderson, 81 Mo. 78 ; Stale v. Madden, 81 Mo. 421. (2) Tbe gravamen of the offence consists in obtaining money or property by false pretenses. It is immaterial whether tbe party defrauded' was the ownbr of tbe property on which be paid taxes. Tbe indictment alleges that be was tbe owner of tbe moniy parted with through tbe false pretense of defendant…
1Opinion of the CourtNorton, J.
This case is before us on the appeal of the state from the judgment of the criminal court of Lafayette county in sustaining a demurrer to the indictment preferred against defendant. The indictment contains two counts, in the first of which the defendant, as collector of Jackson county, is charged with obtaining money by false pretenses ; and in the second of which, defendant, as collector, is charged with obtaining money ■'“'by means and by use of a cheat, a deception, a false and fraudulent statement,- and a'false instrument and paper writing.” The first count is based on section *5861335,…
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