Bobbitt v. State

Decided December 15, 1888

Supreme Court of Alabama · decided 1888-12-15

From tbe Circuit Court of Tuskaloosa. |Tried before tbe Hon. S. H. Sprott. indictment in this case charged that tbe defendant, “J. O. Bobbitt, whose Christian name is to tbe grand jury unknown, did falsely pretend to Columbus Dunlap, with intent to defraud, that representing some company, which is to the grand jury unknown, that desired to purchase land in this country, he had one hundred thousand dollars in Tuskaloosa, with which to purchase lands; and, by means of such…

Cited by 2 later decisions — most recently November 1904

2 state decisions

Relies on Belmont Coal & Railroad v. Smith · Pfister v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1888-12-15

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STONE, C. J.

¶1We have examined the record in this case with care, and are not able to perceive any error in the rulings of the court. The pretenses alleged to have been falsely made were of fact, and not mere opinion, or promise broken. They were calculated to deceive; and if they were intentionally made, were acted on, and a thing of value parted with in the confidence of their truth, while in fact they were false and intended to defraud, every requirement of the statute was met, and the defendant was and is guilty. — Code of 1886, § 3811.

¶2The indictment is sufficient. —Form 47, Code of 1886, Vol. 2, p. 272.

¶3The charge of the court is free from error. — 3 Brick. Dig. 207.

¶4There is nothing in the objection that the trial was had on Good Friday — a legal holiday.—Belmont C. & R. R. Co. v. Smith, 74 Ala. 206; Pfister v. State, 84 Ala. 432.

¶5Affirmed.