A Practical Treatise on Criminal Law; And Procedure in Criminal Cases, Before Justices of the Peace and in Courts of Record in the State of Illinois, with Full Directions and Forms for Every Criminal Case (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 Excerpt: ...was not8 gold, nor of the best, or any other kind 1 In an indictment the false pretenses employed must be set forth. Barb. Cr. L., 12U; Bex v. Mason, 2 T. R., 581; Bex v. Munroe, 7 Mod., 315; Burrows v. State, 7 Engl., Co; Glacken v. Com., 3 Met. Ky., 232; Lambert v. People, 9 Cowcn, 579; contra, Boss t. U. S., Morris' Iowa, 164, though all the false pretenses used to iuduce the party to part with his money or property need not be charged. Bex v. Hill, Buss. & By., 190; Britt v. State, 9 Humph., 31; State v. Dunlap, 24 Me., 77; State s. Mills, 17 Me., 211. It must be alleged that the false pretenses were made for the purpose ot effecting the sale or exchange. State v. Philbrick, 31 Me., 401. 1 Evidence that the party deceived was unacquainted with the kind ol property passed upon him is proper for the consideration of the jury. Cowen v. People, 14 Ills., 349. 'It must be averred that the party was induced to part with his property relying upon and by reason of the false pretenses. State v. Orvis, 13 Ind., 509; State t). Webb, 26 Iowa, 262; States. Philbrick, 31 Me., 401; State ). Green, 7 Wis., 670. An allegation of receiving the falsely represented property in exchange is indispensable. State v. Orvis, 13 Ind., 509; Johnson v. State, 11 Ind., 481. The allegation of an intent to cheat and defraud is necessary. Coin. o. Dean, 110 Mass., 64; Com. r. Lannan, 1 Allen, 590; but the averment that C. D. did receive and obtain the said goods of the said A. B, from said A. B., by means of the false pretenses aforesaid, and with intent to cheat and defraud the said A. B. of the same goods, is a sufficient averment that the goods were designedly obtained, 104 Mass., 549. 7The word "obtain' imports a delivery. Fenton v. People, 4 Hill, 126. The procuring of th...