Legal Opinion

Cain v. State

Supreme Court of Arkansas

Decided June 24, 1893Published

Appeal from Randolph Circuit Court. John B. McCaeeb, Judge. STATEMENT BY THE COURT. The defendant was indicted at the Aug-ust term, 1892, of the Randolph circuit court, for the crime of obtaining money under false pretenses, from one A. %. Schnabaum, in manner as set forth in the indictment, which (omitting what is not peculiar to the case) is as follows, to-wit: ‘1 The said George Cain, on the 22nd day of September, 1890, in the county and State aforesaid, did desigmedly,…

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Appeal from Randolph Circuit Court. John B. McCaeeb, Judge. STATEMENT BY THE COURT. The defendant was indicted at the Aug-ust term, 1892, of the Randolph circuit court, for the crime of obtaining money under false pretenses, from one A. %. Schnabaum, in manner as set forth in the indictment, which (omitting what is not peculiar to the case) is as follows, to-wit: ‘1 The said George Cain, on the 22nd day of September, 1890, in the county and State aforesaid, did desigmedly, and by false pretense, represent to one A. Z. Schnabaum, then and there being, that he was the owner of one bale of…

1Opinion of the Court

Bunn, C. J.,

(after stating the facts.) There may be other defects in the indictment which are affected by the demurrer, but only the description of the money alleged to have been obtained, as affecte.d by the general demurrer, will be discussed.

The indictment charges that the defendant, by means of false pretenses, obtained from the injured party money to the amount of thirty dollars, no more, no less, and then proceeds to state what was the kind of money, and also the denomination of each kind, in which the thirty dollars as a sum was paid to defendant, setting forth no less than six…

2Cases cited5 opinions

  1. State v. WardSupreme Court of Arkansas · 1886
  2. Smith v. StateIndiana Supreme Court · 1870
  3. State v. OakleySupreme Court of Arkansas · 1888
  4. Treadaway v. StateSupreme Court of Arkansas · 1881
  5. State v. ParkerSupreme Court of Arkansas · 1879

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