Overall v. State
Mississippi Supreme Court
Appeal from circuit court of Chickasaw county. Hon. W. A. Eoane, Judge. J. N. Overall was convicted of obtaining money under false pretenses, and he appeals. It is very evident that Smith knew of Busby’s claim to a landlord’s lien on the cotton before he paid for it and thus completed the sale.
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Appeal from circuit court of Chickasaw county. Hon. W. A. Eoane, Judge. J. N. Overall was convicted of obtaining money under false pretenses, and he appeals. It is very evident that Smith knew of Busby’s claim to a landlord’s lien on the cotton before he paid for it and thus completed the sale. Therefore, if the owner has knowledge of the truth or does believe the pretense or believing it, yet parts with the property on some other inducement, or investigates it and parts with the property relying entirely on the results of his investigation, the crime has not been committed. 19 Cyc. 406. The…
1Opinion of the Court
Holden, J.,
delivered tbe opinion of tbe court.
Tbe appellant, Overall, was convicted on a charge of obtaining money under false pretenses by virtue of bis having sold a bale of cotton upon which there was a landlord’s lien without informing tbe purchaser of the exact *62state of the property as affected by the lien thereon. From the conviction and sentence of one year in the penitentiary, this appeal is prosecuted.
The indictment is drawn under section 1168, Code of 1906 (section 895, Hemingway’s Code), which provides as follows:
“If any person shall sell . . . any property . . . on which he knows…
2Cited by4 opinions
- Carter v. StateMississippi Supreme Court · 1980
- Simmons v. StateMississippi Supreme Court · 1931
- Breland v. StateMississippi Supreme Court · 1955
- Dickerson v. StateMississippi Supreme Court · 1955