State v. Peacock
Supreme Court of Missouri
Appeal from Cedar Circuit Court. I. The first count in the indictment is insufficient. The acts made indictable in the statute does not make criminal the acts charged in the first count of the indictment as alleged.
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Appeal from Cedar Circuit Court. I. The first count in the indictment is insufficient. The acts made indictable in the statute does not make criminal the acts charged in the first count of the indictment as alleged. The thing obtained is a deed or title to forty acres of land, which is neither money, personal property, a right in action, or other valuable thing or effects, within the meaning of that section ; nor is the deed a valuable thing itself: the land it conveys may be, but not the deed. It is not averred in the indictment to whom the deed was made; it is not charged that the deed was…
1Opinion of the CourtEwing, Judge
This was an indictment under section fifty-one, (R. C. p. 582.) for obtaining by false pretences the signature of one George Scott, to an instrument of writing. There are two counts; the first, after setting out the several pretences, charges that by such false pretences, a deed of forty acres of land, lying in the county of Cedar, was obtained, and that by such false pretences the said Scott was induced to trade and barter land to the said defendant, being in said county, for lands in Iowa. There is no description of the instrument, other than by designating it in general terms as a deed,…
2Cases cited1 opinion
- People v. StoneNew York Supreme Court · 1832
3Cited by4 opinions
- State v. YoungSupreme Court of Missouri · 1916
- State v. DeLaySupreme Court of Missouri · 1887
- State v. JarrettSupreme Court of Missouri · 1972
- Witte v. MeyerWisconsin Supreme Court · 1860