Hope v. State
Alabama Court of Appeals
Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. Ed Hope was convicted of false pretenses, and he appeals.
Read the full summary
Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. Ed Hope was convicted of false pretenses, and he appeals. The indictment charges that Ed Hope did falsely pretend to Alex Gunn, with the intent to injure or defraud, that he owned one sorrel horse, named Joe, and 'bv means' of such false pretense obtained from said Alex Gunn $100. The written charges refused to defen riant were as follows: Charge A. (Affirmative charge). ■ “(1) I charge you, gentlemen of the jury, that, to constitute the offense of which this defendant is indicted, it is indispensable that he should have…
1Opinion of the Court
WALKER, P. J. —
The mortgage executed by the defendant was properly admitted in evidence against him, because it embodied a statement to the effect that the property embraced in it, which included “one sorrel horse, named Joe,” Avas then in his possession and belonged to him. It had a tendency to prove the making by the defendant of the representation or pretense which Avas charged by the indictment to have been falsely made by him to the person Avho was the mortgagee, with intent to injure or defraud. The reason here assigned to show the inadmissibility of this evidence did not exist in the…
2Cases cited6 opinions
- Martin v. StateSupreme Court of Alabama · 1899
- Meek v. StateSupreme Court of Alabama · 1897
- O'Connor v. StateSupreme Court of Alabama · 1857
- Knowles v. StateSupreme Court of Alabama · 1885
- Carlisle v. StateSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Holloway v. StateAlabama Court of Appeals · 1952
- Griffin v. StateSupreme Court of Alabama · 1977
- Foote v. StateAlabama Court of Appeals · 1917
- Cheshire v. StateAlabama Court of Appeals · 1914
- Burnette v. StateCourt of Criminal Appeals of Alabama · 1973
3 more not listed; retrieve them via the Exa API.