Franklin v. State

The indictment in this cause sets forth that defendant “ did falsely pretend to H. B. Clark, with intent to defraud, that he had one small, black, mare-mule, about eighteen years of age, and by means of such false pretence, obtained from the said H. B. Clark one mouse-colored, or bay horse-mule,” and is in the form prescribed by the Code.

The proof shows that defendant rode a small, black, mare-mule to the house of one Isaac L. Mills, and there proposed to Hiram B. Clark to purchase a mule of him, upon credit; that Clark demanding security for the price, defendant, after some other…