6 Dakota 128
Supreme Court Of The Territory Of Dakota
Decided February 15, 1889
Supreme Court Of The Territory Of Dakota · decided 1889-02-15
ENRON to the district court, Beadle county ; Hon. James Spencer, Judge. The plaintiff in error, Irving W. Ely, was indicted for obtaining property under false pretenses. It appeared one Miles, the prosecuting witness, sold to him certain personal property for $500. Part of the consideration paid, $220, was cash, and the balance consisted of a noté, $280, payable to the order of Ely, secured by a chattel mortgage, which Ely assigned to Miles.
Decided 1889-02-15
¶1The judgment of the lower court is affirmed:
¶21. This court holds there was no error in receiving the mortgage in evidence without the production of the subscribing witnesses— this being a criminal case and the action not being founded upon that instrument.
¶32. It was no defense that the prosecuting witness might eventually recover for the injury sustained.
¶43. The language of the district attorney to the jury was not of a character to warrant a new trial.