State v. Lathrop
Supreme Court of Vermont
This was an indictment under the statute for obtaining goods by false pretences, with intent to defraud, &c. There was a demurrer to the indictment, which was overruled. This was followed by a plea of not guilty, a trial by jury and a verdict of guilty. To a decision of the court upon a question of variance, and the charge to the jury, and also to the decision overruling the demurrer, the respondent excepted.
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This was an indictment under the statute for obtaining goods by false pretences, with intent to defraud, &c. There was a demurrer to the indictment, which was overruled. This was followed by a plea of not guilty, a trial by jury and a verdict of guilty. To a decision of the court upon a question of variance, and the charge to the jury, and also to the decision overruling the demurrer, the respondent excepted. As the case was finally decided upon a single point in the demurrer, no further notice is here taken of the exceptions, or of the arguments of counsel, than as they relate to that point.…
1Opinion of the Court
The opinion of the court was delivered by ‘
Williams, Ch. J.
As one of the grounds of the demurrer is fatal to this indictment, the court do not deem it necessary to go into the other parts of the case.
The indictment is for obtaining certain goods and chattels of Blake & Hammond by false pretences. In an indictment for larceny it must be distinctly and positively alleged that the goods and chattels stolen were the property of some person named, or else some excuse must be stated for not naming the person who owned the property, as that it belongs to some person to the jurors unknown, &c.…
2Cited by10 opinions
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- State v. ClarkSupreme Court of Iowa · 1909
- State v. SmithIndiana Supreme Court · 1847
- Perritt v. StateWyoming Supreme Court · 2005
- Washington v. StateTexas Supreme Court · 1874
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