State v. Petty
Supreme Court of Missouri
Appeal from Monies Circuit Court. — Hon. D.W. Shaoklepoed, Judge. It is conceded that the indictment is insufficient. State v. JEvers, 49 Mo. 543; State v. BeLay, 93 Mo. 98; State v. Kingsley, 108 Mo. 135.
1Opinion of the CourtSheewood, J.
In order to constitute the crime of obtaining money or property by false pretenses, it is requisite that the false pretense should be either of a past event, or of some fact having a present existence, and it can not consist of a promise to do something or of some event to happen in the future. State v. Evers, 49 Mo. 542; State v. DeLay, 93 Mo. 98; State v. Kingsley, 108 Mo. 135
*426Here the alleged false pretense by which defendant obtained the $10 from Meltabarger, was that he would ship Meltabarger a large quantity of goods and wares. Under the cases cited, the indictment alleges no offense,-…
2Cases cited3 opinions
- State v. EversSupreme Court of Missouri · 1872
- State v. DeLaySupreme Court of Missouri · 1887
- State v. KingsleySupreme Court of Missouri · 1891
3Cited by6 opinions
- State v. ShawSupreme Court of Missouri · 1993
- State v. YoungSupreme Court of Missouri · 1916
- State v. Mullins.Supreme Court of Missouri · 1922
- State v. KrouseMissouri Court of Appeals · 1913
- State v. SaveraidMissouri Court of Appeals · 1979
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