State v. Petty

Decided January 31, 1894

Supreme Court of Missouri · decided 1894-01-31

<p>Appeal from Monies Circuit Court. — Hon. D.W. Shaoklepoed, Judge.</p> <p>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.</p>

Relies on State v. Evers · State v. DeLay · State v. Kingsley

Good law ✅— No negative treatment on recordhow we know

Reveesed · Decided 1894-01-31

How this case has been cited

Cited by 5 later decisions — most recently February 1993

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Sheewood, J.

¶1In 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

¶2 *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,- and as the evidence preserved shows that the charge in the indictment is in accordance with the facts, we reverse the judgment and discharge the defendant.

All concur.