Pearce v. State
Supreme Court of Alabama
Appeal from-the Circuit Court of Elmore. ■Tried before the Hon. N. D. Denson. ■ The appellant was indicted and tried under the following indictment: “The grand jury of said county charge that before the finding of this indictment that Geórge .Pearce did falsely pretend to Elizabeth Page, with the intent to defraud, that he was a pension agent and would obtain a pension of three dollars a month for her, and by means of such false pretense, obtained from the said Elizabeth…
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Appeal from-the Circuit Court of Elmore. ■Tried before the Hon. N. D. Denson. ■ The appellant was indicted and tried under the following indictment: “The grand jury of said county charge that before the finding of this indictment that Geórge .Pearce did falsely pretend to Elizabeth Page, with the intent to defraud, that he was a pension agent and would obtain a pension of three dollars a month for her, and by means of such false pretense, obtained from the said Elizabeth Page seventy-five cents, against the peace and dignity of the State of Alabama.” The defendant interposed a plea in…
1Opinion of the CourtHaralson, J.
That the plea in abatement filed by the defendant was without merit, as held by the lower court, is too plain for argument. The defendant's counsel in their brief filed in the cause do not, even, insist that there was error in overruling it. A false pretense within the meaning of the statute (Or. Code of 1886, § 3811), is a false representation as to an existing or past fact. A mere promise not meant to be kept is not a false pretense.—Colly’s Case, 55 Ala. 85. The false pretense alleged in the indictment to have been made, was of a fact, coupled with a promise of service to be rendered, and…
2Cases cited2 opinions
- Colly v. StateSupreme Court of Alabama · 1876
- Bobbitt v. StateSupreme Court of Alabama · 1888
3Cited by13 opinions
- Weil v. BlackWest Virginia Supreme Court · 1915
- Addington v. StateAlabama Court of Appeals · 1916
- State v. BriggsSupreme Court of Kansas · 1906
- Eaton v. StateAlabama Court of Appeals · 1918
- State v. MerryNorth Dakota Supreme Court · 1910
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