Legal Opinion

State v. Talley

Supreme Court of South Carolina

Decided May 6, 1907No. 6535PublishedCited by 13 opinions

Indictment against D. B. Talley for obtaining money under false pretenses. Defendant appeals from sentence. Mr. McCullough cites: If supervisor is not deceived, it is not a false pretense: 12 Ency., 818; 23 S.” C., 173. The latter cite: Claim need not he in legal form: 5 Strob., 158. Not necessary to show supervisor zvas deceived: 1 Arch. Cr. Pr., 465-472; 2 Arch. Cr.

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Indictment against D. B. Talley for obtaining money under false pretenses. Defendant appeals from sentence. Mr. McCullough cites: If supervisor is not deceived, it is not a false pretense: 12 Ency., 818; 23 S.” C., 173. The latter cite: Claim need not he in legal form: 5 Strob., 158. Not necessary to show supervisor zvas deceived: 1 Arch. Cr. Pr., 465-472; 2 Arch. Cr. Pr., 1387, 1398. Fraudulent intent may be shown by proof of similar offenses: 56 S. C., 495; 2 Rich., 420; 1 Bail., 300; 2 Bail., 44; Harp., 59.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The defendant was convicted of obtaining money under false pretenses on an indictment which charged that being steward of the county poor house, “he did unlawfully and falsely pretend to the county commissioners of Greenville County that the said county was indebted -to him, the said D. B. Talley, in the sum of fifteen dollars for services as said steward from January the 1st, 1904, to April the 1st, 1904, and' did make out and present a claim against said county for said amount, wherein he stated that the same was correct, just and…

2Cases cited2 opinions

  1. Knobelock v. Germania Savings BankSupreme Court of South Carolina · 1897
  2. State v. AllenSupreme Court of South Carolina · 1900

3Cited by13 opinions

  1. State v. LyleSupreme Court of South Carolina · 1923
  2. Rogers v. StateMississippi Supreme Court · 1972
  3. Arthur v. BrownSupreme Court of South Carolina · 1912
  4. Eskew v. Life Ins. Co. of VirginiaSupreme Court of South Carolina · 1939
  5. Ayers v. Business Men's Ins. Co.Supreme Court of South Carolina · 1929

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