Cheshire v. State
Alabama Court of Appeals
Appeal from Pike Circuit Court. Heard before Hou. H. A. Pearce. Robert Cheshire was convicted, of false pretense, and he appeals.
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Appeal from Pike Circuit Court. Heard before Hou. H. A. Pearce. Robert Cheshire was convicted, of false pretense, and he appeals. The indictment is as follows: “Robert E. Cheshire did falsely pretend to the Southern States Fire & Casualty Insurance Company of Birmingham, Ala., a cor-portion incorporated under the laws of the state of Alabama, with intent to defraud, that' he owned a dwelling house and the furniture contained therein, situated at Sandfield in Pike county, Ala., on the north of Three Notch road, and by means of such false pretense obtained from the said Southern States Fire &…
1Opinion of the CourtPelham, J.
— The defendant is indicted for obtaining an insurance policy by falsely pretending to own certain property. This is the only false pretense alleged, and it is not shown whose signature was thus obtained. This defect in the indictment was pointed out by demurrers that should have been sustained.
Moreover, the indictment, as set out in the record before us, does not state the facts constituting the offense in ordinary and concise language in such a manner as to enable a person of common understanding to know with any degree of certainty what is intended to be charged. — Code, § 7134. In fact,…
2Cited by7 opinions
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- Johnson v. StateAlabama Court of Appeals · 1954
- Gayden v. StateSupreme Court of Alabama · 1955
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