Wilkerson v. State
Supreme Court of Alabama
Appeal from the County Court of Geneva. Tried, before the Hon. Ed. Roaci-i. The prosecution in this case was commenced by an affidavit made before a justice of the peace, which charged the defendant, Nick Wilkerson, with having obtained money and property under false pretenses from the firm of D. L. Watson & Co. The affidavit was made by D. L. Watson, a member of said partnership. The facts of the case are sufficiently stated in the opinion.
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Appeal from the County Court of Geneva. Tried, before the Hon. Ed. Roaci-i. The prosecution in this case was commenced by an affidavit made before a justice of the peace, which charged the defendant, Nick Wilkerson, with having obtained money and property under false pretenses from the firm of D. L. Watson & Co. The affidavit was made by D. L. Watson, a member of said partnership. The facts of the case are sufficiently stated in the opinion. Upon the hearing of all the evidence, the court rendered judgment finding the defendant guilty of the offense charged. If a false representation is made…
1Opinion of the CourtHaralson, J.
A false pretense such as falls within the words of the statute, is a false representation, relating to some existing or past fact, and must actually mislead. “A promise not meant to be kept, is not a false pretense.”—1 Bishop on Statutory Crimes, § 451; Colly v. State, 55 Ala. 85; Pearce v. State, 115 Ala. 115; Wood*157bury v. State, 69 Ala. 242. To constitute the offense, it is enough if a material part of the pretense be false; that it be made with the intent to defraud, and that it induces the person sought to he wronged, to part with his property, and these are inquiries proper for the jury…
2Cases cited4 opinions
- Woodbury v. StateSupreme Court of Alabama · 1881
- Beasley v. StateSupreme Court of Alabama · 1877
- Pearce v. StateSupreme Court of Alabama · 1896
- Colly v. StateSupreme Court of Alabama · 1876
3Cited by9 opinions
- Eaton v. StateAlabama Court of Appeals · 1918
- Clark v. StateAlabama Court of Appeals · 1916
- Stone v. StateCourt of Criminal Appeals of Alabama · 1975
- Foster v. StateAlabama Court of Appeals · 1918
- Cook v. StateSupreme Court of Alabama · 1909
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