Legal Opinion

State v. Reidel

Supreme Court of Iowa

Decided January 29, 1868PublishedCited by 8 opinions

Appeal from Polk District Court. False pretenses : construction oe statute : notarial PROTESTS AS EVIDENCE IN CRIMINAL CASES: RIGHT RESULT NOT VITIATED BY'IMMATERIAL ERRORS, ETC.-Indictment under section 4394 of the [Revision for cheating by false pretenses.

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Appeal from Polk District Court. False pretenses : construction oe statute : notarial PROTESTS AS EVIDENCE IN CRIMINAL CASES: RIGHT RESULT NOT VITIATED BY'IMMATERIAL ERRORS, ETC.-Indictment under section 4394 of the [Revision for cheating by false pretenses. The indictment, in substance, charges, that in April, 1868, the defendant, with intent to defraud one Charles Gamp of his money, designedly, falsely and fraudulently, represented to him in the county of Polk, that he (the defendant) had on deposit in the First National Bank of St. Paul, Minn., the sum of over $900; that he had placed in…

1Opinion of the Court

Dillon, Ch. J.

1. Criminal law: false pretenses. — I. The first assignment of error relates to the refusal of the court to give to the jury certaiu instructions asked by the defendant. The first of these is, in substance, that no indictable offense is charged against the defendant, because no false tokens were used, and the acts imputed to the defendant are of private and not public concern. In other words, it is claimed that the statute has not altered the common law as to cheats, but is simply in affirmance of it.

It provides, that “ if any person designedly, and by false pretense, * * and…

2Cases cited1 opinion

  1. Sather v. RogersSupreme Court of Iowa · 1859

3Cited by8 opinions

  1. Naftzger v. United StatesCourt of Appeals for the Eighth Circuit · 1912
  2. Heike v. United StatesCourt of Appeals for the Second Circuit · 1911
  3. State v. HendersonSupreme Court of Iowa · 1933
  4. United States v. GladwinUnited States Court of Military Appeals · 1964
  5. Snyder v. MassachusettsSupreme Court of the United States · 1934

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