Legal Opinion

Shelton v. State

Supreme Court of Arkansas

Decided October 24, 1910PublishedCited by 3 opinions

Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; statement by the court. The appellant was convicted of the crime of false pretenses.

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Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; statement by the court. The appellant was convicted of the crime of false pretenses. The indictment charged that appellant in Lafayette County, Arkansas,' on the 10th day of April, 1909, did unlawfully, feloniously, designedly and with intent then and there to cheat and defraud S. D. McGill & Company, a firm composed of S. D. McGill and Ed Alexander, falsely represent and pretend to said S. D. McGill and said S. D. McGill & Company that he was the owner of three acres of land situated in Eordyce, Arkansas; that said land was not…

1Opinion of the Court

Wood, J.,

(after stating the facts). Appellant was convicted of obtaining property under section 1689 of Kirby’s Digest, which makes it a felony to obtain by “any false pretense” “any personal property,” etc., of another. Appellant contends that, inasmuch as the alleged false pretense was concerning land which he conveyed, he could have only been indicted under section 1693 of Kirby’s Digest. That section reads: “Every person who shall be a party to any conveyance or assignment of any real estate, or interest in any real estate,” etc., “with intent to defraud any prior or subsequent purchaser,…

2Cases cited1 opinion

  1. State v. AsherSupreme Court of Arkansas · 1887

3Cited by3 opinions

  1. Bruce v. StateSupreme Court of Arkansas · 1954
  2. State v. BondSupreme Court of Arkansas · 1921
  3. McLain v. StateSupreme Court of Arkansas · 1930

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