Legal Opinion

State v. Mills

Supreme Judicial Court of Maine

Decided June 15, 1840PublishedCited by 19 opinions

Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The indictment charges, in the language of the exceptions, “ that the said Mills on, &c. contriving and intending, knowingly and designedly, by false pretences to cheat and defraud one John Loring of his money, goods, wares and merchandize, and other things, did, knowingly and designedly, falsely pretend to said Loring, that a certain horse, which he, the said Mills, then wished and offered to exchange with…

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Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The indictment charges, in the language of the exceptions, “ that the said Mills on, &c. contriving and intending, knowingly and designedly, by false pretences to cheat and defraud one John Loring of his money, goods, wares and merchandize, and other things, did, knowingly and designedly, falsely pretend to said Loring, that a certain horse, which he, the said Mills, then wished and offered to exchange with said Loring for a certain colt and five dollars in money, was then and there a sound horse, and was the horse called the…

1Opinion of the Court

*216The opinion of the Court, was drawn up by

Weston C. J.

The false pretences charged are, that the horse of the defendant was sound when it was unsound; and that he pretended it was the horse called the Charity, when in fact it was not that horse. Whatever conflict of testimony may exist, as to the first part of the charge, and assuming that it was not supported by the evidence, the second part of the charge is well sustained, and is not controverted by the defendant. The falsity practised by Mills, is alleged to have been done scienter; and it is stated that the case was proved. The Judge…

2Cited by19 opinions

  1. Haines v. TerritoryWyoming Supreme Court · 1887
  2. Kousisis v. United StatesSupreme Court of the United States · 2025
  3. People v. SummersMichigan Supreme Court · 1898
  4. People of State of New York v. . BlanchardNew York Court of Appeals · 1882
  5. Baker v. StateWisconsin Supreme Court · 1903

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