State v. Lilly

Maxwell, Judge:

Sentenced to three years’ imprisonment under conviction of grand larceny, defendant prosecutes this writ of error. There was a change of venue from Raleigh County to Pocahontas.

By statute a person who obtains money or other property by false pretense is guilty of larceny. 1923 Code, chapter 145, section 23; 1931 Code, 61-3-24. “Under a count for simple larceny it is admissible to prove that the property was obtained by false pretense, with intent to defraud.” State v. Williams, 68 W. Va. 86, 69 S. E. 474. In conformity: State v. Martin, 103 W. Va. 446, 137 S. E. 885. The…