Bazzell v. State
Alabama Court of Appeals
Appeal from Circuit Court, Autauga County; W. W. Pearson, Judge. Mark Bazzell was convicted of false pretense, and he appealed.
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Appeal from Circuit Court, Autauga County; W. W. Pearson, Judge. Mark Bazzell was convicted of false pretense, and he appealed. Omitting formal charging part the indictment is as follows: (1) Mark Bazzell did falsely pretend to Henry Wilson, with intent to defraud, that he had and owned two certain mules and a two-horse wagon, to wit, one red mule and one bay mule, and that lie owned lands in Autauga county, Alabama, all of which was free from all incumbrance, and by means of such false pretense obtained from the said Henry Wilson fourteen tons of fertilizer and one ton of nitrate of soda, of…
1Opinion of the CourtBrown, P. J.
[1, 2] While it is sufficient in an indictment for the statutory offense of obtaining goods by false pretenses to allege generally an intent to injure or defraud, without naming the person intended to be defrauded, the indictment must show some reasonable connection between the accomplished fraud and the false pretense. Mack v. State, 63 Ala. 138; Headley v. State, 106 Ala. 109, 17 South. 714; Code 1907, § 7146. Where the indictment alleges that the false pretense was made to one person and that the goods were obtained from another, it is subject to demurrer, unless it shows some relation…
2Cases cited8 opinions
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Mack v. StateSupreme Court of Alabama · 1879
- People v. BeheeMichigan Supreme Court · 1892
- Lawrence v. StateSupreme Court of Alabama · 1877
- Owens v. StateWisconsin Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gayden v. StateAlabama Court of Appeals · 1954
- Hendrix v. StateAlabama Court of Appeals · 1919
- Lambert v. StateCourt of Criminal Appeals of Alabama · 1975
- Couch v. StateAlabama Court of Appeals · 1955
- Rohme v. StateCourt of Criminal Appeals of Alabama · 1976
3 more not listed; retrieve them via the Exa API.