Commonwealth v. Henry
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Crawford county. A bill of indictment was found against Michael Henry, for obtaining money under false pretences. On the part of the defendant a rule was obtained to show cause why the indictment, should not be quashed on the ground that the facts alleged in it, if true, did not constitute the offence charged. On March 28, 1853, the indictment was quashed, and this was assigned for error.
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Error to the Court of Quarter Sessions of Crawford county. A bill of indictment was found against Michael Henry, for obtaining money under false pretences. On the part of the defendant a rule was obtained to show cause why the indictment, should not be quashed on the ground that the facts alleged in it, if true, did not constitute the offence charged. On March 28, 1853, the indictment was quashed, and this was assigned for error. In the indictment .it was charged that Michael Henry, on the 6th of November, 1852, unlawfully, designedly, and intending to cheat and defraud James B. Smith of his…
1Opinion of the Court
*255The opinion of the Court was delivered by
Woodward, J.
This is an indictment under our Act of Assembly of July 12, 1842, for obtaining money under false pretences. The Court of Quarter Sessions quashed it, on motion, “because the facts alleged, if true, do not constitute the offence charged.” The facts alleged are that the defendant by himself and through one Alanson Canfield, falsely and fraudulently represented to James B. Smith, that he had a warrant issued by competent authority, for the arrest of his daughter, Esther Ann Mapes, for a public offence punishable by fine and imprisonment,'and…
2Cited by10 opinions
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- Commonwealth v. MaukSuperior Court of Pennsylvania · 1922
- Commonwealth v. Conroy and KlineSuperior Court of Pennsylvania · 1933
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