Legal Opinion

State v. Bohle

Supreme Court of Missouri

Decided May 31, 1904PublishedCited by 11 opinions

Appeal from St. Louis City Circuit Court. — How. O’Neill By an, Judge. (1) The demurrer offered by the defense at the close of the State’s case should have been sustained, (a) Defendant did not obtain goods on credit, but paid for them part in cash and part in notes, secured by chattel mortgage on the goods bought.

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Appeal from St. Louis City Circuit Court. — How. O’Neill By an, Judge. (1) The demurrer offered by the defense at the close of the State’s case should have been sustained, (a) Defendant did not obtain goods on credit, but paid for them part in cash and part in notes, secured by chattel mortgage on the goods bought. The only way the vendor could be defrauded was by the vendee’s disposing of or secreting the goods mortgaged to secure the debt, and in that case defendant would be liable to prosecution only under the statute against selling, disposing of or secreting mortgaged property. State v.…

1Opinion of the CourtFox, J.

This is an appeal from a judgment of conviction for obtaining property upon false pretenses.

Defendant was indicted and convicted of the crime of obtaining property under false pretenses. The indictment charges that he contrived, designed and intended to cheat and defraud the Peoples House Furnishing Company, a corporation, of its goods, wares and merchandise by means of false pretenses. The false pretenses used by the defendant in the perpetration of the offense are set out in the indictment in this way: “Did apply to and request the said Peoples House Furnishing Company, its officers, agents…

2Cases cited3 opinions

  1. State v. GreenWisconsin Supreme Court · 1859
  2. State v. . CraigeSupreme Court of North Carolina · 1883
  3. Commonwealth v. DunleayMassachusetts Supreme Judicial Court · 1891

3Cited by11 opinions

  1. State v. BurksSupreme Court of Missouri · 1953
  2. State v. FoxSupreme Court of Connecticut · 1910
  3. State v. SmithSupreme Court of Missouri · 1905
  4. State v. JacobsonSupreme Court of Missouri · 1941
  5. State v. YoungSupreme Court of Missouri · 1916

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