Pierce v. State

Appellant was prosecuted on count three of an affidavit filed in the trial court. The sufficiency of the affidavit is not questioned. The cause was tried by the parties and the court on the theory that this count of the affidavit charged the defendant with the crime of procuring $25 in money from one Matthew Overton by false pretenses. For this reason, we shall treat the charge likewise.

The trial was by the judge without a jury, resulting in a finding of “guilty of false pretense as charged in the third count of the affidavit” and that defendant is 38 years old. Upon this finding judgment was…