A Complete Practical Treatise on Criminal Procedure, Pleading, and Evidence, in Indictable Cases, with Minute Directions and Forms Comprising the N

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 edition. Excerpt: ...it must be an intelligible story, so explicit as to support itself. People v. Gates, 13 Wand. 311; State v. Mills, 5 Shepl. 211; Lambert v. People, 9 Gowen, 578; 'State v. Scribner, 2 Gill ti John. 246; Burrows v. State, 7 Engl. Ark. Rep. 65; State v. Bacon, 7 Vt. Rep. 222. In South Carolina, under the statute of 1791, an indictment was held defective which merely charged that the defendant falsely, fraudulently, &c., pretending that a. certain mulatto was a slave, did falsely, &c., cheat and defraud one A., by selling said mulatto to him for a slave, when said mulatto was free. State v. Wilson, 2 Rep. Const. Ct. 135. And, in Massachusetts, an indictment on section 32 of the Rev. Sta, c. 126, was hold insufficient, which merely alleged that the defendant, intending to cheat and defraud A. of his money and property, designedly and knowingly, did falsely pretend to A. that a. watch, which the defendant had, was a gold watch, by means whereof, the defendant did designedly and knowingly obtain from A. thirty-five dollars, with intent to cheat and defraud him of the same; whereas, in the truth, the said watch was not, and the defendant knew that it was not, a gold watch. Com. v. Strain, 10 Met. Rep. 521. Where it is charged that the defendant intended to cheat the plaintiff out of twenty acres of land, the excess in quantity over thirty-five acres, the indictment should expressly ave!' that there was, in fact, such an excess of twenty acres. And where the ground of complaint Several ersons may be indicted jointly for the offence; and 464 where goodls were obtained by false pretences, the pretence being by words spoken by one of, the parties in the presence of the others, but all of them were acting in concert, it was holden..