Legal Opinion

Coblentz v. State

Ohio Supreme Court

Decided May 31, 1911No. 12837Published

Error to the Circuit Court of Miami county. At the October term, 1909, of the court of common pleas of Miami county, an indictment ■ was returned against William S. Coblentz, in which he was charged with the offense of unlawfully; and by false pretenses, procuring the signature of one Ira M. Albaugh,’ as maker, to a promissory note of the value of five thousand dollars.

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Error to the Circuit Court of Miami county. At the October term, 1909, of the court of common pleas of Miami county, an indictment ■ was returned against William S. Coblentz, in which he was charged with the offense of unlawfully; and by false pretenses, procuring the signature of one Ira M. Albaugh,’ as maker, to a promissory note of the value of five thousand dollars. On the trial of the case. in common pleas at the close of the testimony offered by the state, the defendant moved the court to direct a verdict in his favor on the ground that no case had been made out by the state, and that…

1Opinion of the CourtJohnson, J.

The indictment is founded on Section 7076, Revised Statutes, which relates to obtaining money, etc, by false pretenses. There are defined in the section three different offenses. First obtaining by any false pretense with intent to defraud, anything of value from another; second, procuring by any false pretense,. with intent to defraud, the signature of any person as maker, endorser, etc, of any bond, note, or other evidence of indebtedness, and third, selling, or offering to sell, any such instrument, knowing the signature to have been obtained by false pretenses. The indictment in this'…

2Cases cited5 opinions

  1. Dillingham v. StateOhio Supreme Court · 1855
  2. State v. DanielsSupreme Court of Iowa · 1894
  3. Marshall v. StateTexas Supreme Court · 1868
  4. People v. . ShulmanNew York Court of Appeals · 1879
  5. Commonwealth v. DeanMassachusetts Supreme Judicial Court · 1872

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