Cain v. State

• Decision Date: 24 June 1893
• Citation: 22 S.W. 954,58 Ark. 43
• Parties: CAIN v. STATE
• Court: Arkansas Supreme Court

22 S.W. 954

58 Ark. 43

CAIN v. STATE

Supreme Court of Arkansas

June 24, 1893

Appeal from Randolph Circuit Court, JOHN B. MCCALEB, Judge.

STATEMENT BY THE COURT.

The defendant was indicted at the August term, 1892, of the Randolph circuit court, for the crime of obtaining money under false pretenses, from one A. Z. Schnabaum, in manner as set forth in the indictment, which (omitting what is not peculiar to the case) is as follows, to-wit:

"The said George Cain, on the 22nd day of September 1890, in the county and State aforesaid, did designedly and by false pretense, represent to one A. Z. Schnabaum then and there being, that he was the owner of one bale of cotton of the value of forty dollars, which he then and there, upon the representations aforesaid, sold to the said A. Z. Schnabaum, receiving therefor the sum of thirty dollars in good and lawful money of the United States to-wit, thirty dollars in United States treasury notes, commonly called 'greenbacks,' of the denomination of five dollars each; thirty dollars in United States silver certificates of the denomination of ten dollars each, and of the value of ten dollars each; thirty dollars, one United States gold certificate of the denomination of twenty dollars and of the value of twenty dollars, and one United States silver certificate of the denomination of ten dollars and of the value of ten dollar; thirty dollars in the gold coin of the United States, of the denomination of ten dollars each and of the value of ten dollars each; thirty dollars in the silver coin of the United States of the denomination of one dollar each and of the value of one dollar each; thirty dollars in the nickel coin of the United States of the denomination of five cents each and the value of five cents each, with felonious intent to cheat the said A. Z. Schnabaum and to obtain said money: when, in truth and in fact, the said George Cain did not own one bale of cotton of the value aforesaid, or of any other value, at the time, and that said representations were then and there feloniously, falsely and knowingly made with the intent to cheat and defraud the said A. Z. Schnabaum and to obtain from him the money aforesaid, and, by means of said felonious, false representations so knowingly made, the said George Cain did then and there obtain from said A. Z. Schnabaum the said thirty dollars and of the value of thirty dollars, against the peace and dignity of the state of Arkansas."

To this indictment a demurrer, containing one general cause and seven special causes, was interposed, overruled and exceptions noted. Three other indictments for the same offense had been previously found in the same court against the defendant, all of which had been previously quashed.

At the said term, trial was had, defendant convicted and sentenced to imprisonment in the penitentiary for the period of one year.

Motion in arrest of judgment was made and overruled, exceptions taken and noted, but as this involved substantially the same issue as made by the general demurrer, it will not be further noticed.

Motion to set aside the verdict of the jury and for a new trial was then made, overruled and exceptions noted.

The motion for new trial contains nine several and distinct grounds, the third and fourth grounds being for alleged errors in the court in giving certain instructions at the instance of the State, and in refusing certain others asked by the defendant, none...