Scarlett v. State

Mitchell, J.:

The plaintiff in error was convicted at the Spring term of the Circuit Court, in the year 1888, for obtaining money under false pretences, and the cause comes here upon writ of error from the order of the Circuit Court overruling the motion for new trial and arrest of judgment.

Several errors are assigned and insisted upon, but we confine ourselves to the discussion of only one of them: That the indictmeüt is insufficient.

The indictment is under, section 42 of McClellan’s Di*718gest, page 864, as follows: “ Whoever designedly, by a false pretence, or by a privy or false token, and…