Sandy v. State
Supreme Court of Alabama
From the Circuit Court of Sumter. Tried before the Hon. Luther R. Smith. The indictment in this case contained three counts, which charged that the defendant, Greene Sandy, “did falsely pretend to Andrew J. Arrington that he had” (or “had and owned”) “a sow and pigs, and, by means of such false pretense, obtained from the said Andrew J. Arrington eleven dollars,” or “ten dollars,” or -“eleven dollars and ninety cents.”
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From the Circuit Court of Sumter. Tried before the Hon. Luther R. Smith. The indictment in this case contained three counts, which charged that the defendant, Greene Sandy, “did falsely pretend to Andrew J. Arrington that he had” (or “had and owned”) “a sow and pigs, and, by means of such false pretense, obtained from the said Andrew J. Arrington eleven dollars,” or “ten dollars,” or -“eleven dollars and ninety cents.” There was no demurrer, or other objection to the indictment, so far as the record shows. “On the trial,” as the bill of exceptions states, “the State introduced as a witness…
1Opinion of the Court
STONE, J..1. Tbe indictment in this case pursues tbe form in the .Code literally, and must be adjudged sufficient.— See Form 48; O’ Connor v. The State, 30 Ala. 9.
2. The statute (Code of 1876, § 4370) enacts, that “Any person who, by any false pretense, or token, and with intent to injure or defraud, obtains from another any money, or other personal property, must, on conviction, be punished as if he had stolen the same.” The proof in this record tends to show that the money, charged in the indictment to have been obtained by force of the false pretense, was not paid to the prisoner, but to…
2Cases cited2 opinions
- O'Connor v. StateSupreme Court of Alabama · 1857
- Hall v. StateSupreme Court of Alabama · 1875
3Cited by11 opinions
- Simmons v. StateCourt of Appeals of Maryland · 1933
- Bates v. StateWisconsin Supreme Court · 1905
- In Re ApplebaumCourt of Appeals for the Second Circuit · 1926
- State v. BallietSupreme Court of Kansas · 1901
- Clark v. StateAlabama Court of Appeals · 1916
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