Pierson v. State
Supreme Court of Alabama
Appeal from Pike Law Court. Heard before Hon. A. H. Owens. Ramon Pierson was convicted of obtaining money under false pretenses, and appeals.
Read the full summary
Appeal from Pike Law Court. Heard before Hon. A. H. Owens. Ramon Pierson was convicted of obtaining money under false pretenses, and appeals. Tbe affidavit, on which tbe trial from which this appeal was taken was held, is as follows (omitting formal charging part) : “Before me, R. E. McLnre, a justice of tbe peace in and for said state and county, personally appeared G. W. Henderson, who, being first duly sworn, deposes and says, on oath, that he has probable cause for believing, and does believe, that in said county and within 12 months before making this affidavit Bamon Pierson did falsely…
1Opinion of the CourtAnderson, J.
While the affidavit, in the case at bar, charges an offense (false pretense) under section 6920 of the Code of 1907, and the plea sets up that the defendant was acquitted of a charge (for violating a labor contract) under section 6845, the averments of the plea show the same parties, and that the essence of each offense was the fraudulent getting of $16 by the defendant from G. W. Henderson. Whether the money was obtained through a fraudulent and false representation as to the defendant’s age, or by fraudulently entering into a written contract, the gist of each offense was fraud in obtaining…
2Cases cited2 opinions
- O'Brien v. StateSupreme Court of Alabama · 1890
- State v. VannSupreme Court of Alabama · 1907
3Cited by2 opinions
- Smith v. StateCourt of Criminal Appeals of Alabama · 1981
- Mitchell v. StateAlabama Court of Appeals · 1918