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37 Ark. 445

Jamison v. State

Supreme Court of Arkansas

Decided November 15, 1881

Supreme Court of Arkansas · decided 1881-11-15

<p>1. ObtainisG Money under Fai.se Prkticnse : Proof if offense.</p> <p>Proof that the defendant, by false pretenses, obtained the satisfaction-of his debt to another, though sufficient to sustain an action by the defrauded party against him for money lent, is not sufficient to-sustain ail indictment for obtaining money under false pretenses. The money must have been actually, and not merely impliedly or-constructively obtained, and must have come into the defendant’s, possession.</p> <p>2. Samis: Indictment for ; description of money.</p> <p>An indictment for obtaining money under false pretenses must describe the money, with the same particularity and certainty as-an indictment for larceny.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1881-11-15

How this case has been cited

Cited by 7 later decisions — most recently May 1930

7 state decisions

30188118901900191019201930decided

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.

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Harrison, J.

¶1There was no evidence that the defendant -obtained any money from Mattingley. Proof that by the false pretense alleged, he procured the satisfaction of his indebtedness to Thompson by him, though sufficient to sustain an action by Mattingley against him for money lent, was irrelevant to the charge in the indictment. The money must have been actually, and not merely implied^ or constructively obtained, and must have come into the defendant’s possession.

¶2Mr. Bishop says : “It is held that if the thing obtained is not money, or other article within the express words of the Statute, but merely a credit on account, which may bring money, the substantive offense is not committed.” 2 Bishop Crim. Law, see. 480.

¶3The second instruction asked by the defendant, and refused by the court, was, therefore, correct; and the verdict was clearly against the evidence.

¶4There was no description of the money in the indictment. It should have been described with as much particularity and certainty as in an indictment for larceny. The indictment was, therefore, bad. Treadway v. The State, ante. Barton v. The State, 29 Ark., 68; Smith v. The State, 33 Ind., 159; 2 Bish. Crim. Proceed., secs. 173, 703.

¶5The judgment is reversed, and the cause remanded, with instructions to arrest the judgment.

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