Dennis v. State
| Decision Date | 15 May 1917 |
| Docket Number | 6 Div. 164 |
| Citation | 75 So. 707,16 Ala.App. 115 |
| Parties | DENNIS v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Criminal Court, Jefferson County; A.H. Alston, Judge.
Charles Dennis was convicted of obtaining goods under false pretenses, and appeals. Reversed and remanded.
The indictment charges that Charles Dennis did falsely pretend to the Cudahy Packing Company of Alabama, a body corporate, with the intent to defraud, that his net resources at that time after deducting his total liabilities from his total resources, were $11,030, and, by means of such false pretense, obtained on credit from the Cudahy Packing Company a body corporate (here follows the number of items). The second count charges the same offense, with the allegation that Dennis falsely pretended to Edward H. Seay, the agent of the Cudahy Packing Company, a body corporate, while the said Edward H. Seay was acting within the line and scope of his duties, as such agent, with the intent to defraud, etc., as alleged in count 1. While E.H. Seay, the manager of the corporation, was testifying, he offered to read some loose sheets, which he said were taken from the ledger of the Cudahy Packing Company. Objection being interposed, witness testified he was not the bookkeeper of the corporation, but was superintendent of the office, and had supervisory control of all books of account.
W.P McCrossin and Geo.E. Bush, both of Birmingham, for appellant.
W.L Martin, Atty. Gen., and P.W. Turner, Asst. Atty. Gen., for the State.
Obtaining goods on credit by false pretenses involving the statement of a fact as to the pecuniary condition or financial responsibility of the accused is a crime within section 6920, Code 1907. Beasley v. State, 59 Ala. 20; Woodbury v. State, 69 Ala. 242, 44 Am.Rep. 515; 19 Cyc. 398 (IV, C, 2, I); People v. Conger, 1 Wheeler's Cr.Cas. (N.Y.) 449; People v. Haynes, 11 Wend. (N.Y.) 565; People v. Kendall, 25 Wend. (N.Y.) 399, 37 Am.Dec. 240; Clifford v. State, 56 Ind. 245. Such offense is also within section 6925, which not only denounces such false pretenses as crime, but fixes the venue of the trial of such case. In addition to this, it is made a crime by this section to bring, or cause to be brought into this state, money, goods, or chattels obtained by false pretenses in another state, and the statute fixes the venue of the trial of such cases.
The term "pecuniary condition," found in this section of the Code, comprehends, not only money in hand, but property and all other assets of value constituting an existing fact that go to make up financial responsibility as a basis of credit. Words & Phrases (2d Series) p. 935; McCabe v. Jones, 141 Wis. 540, 124 N.W. 486; Farnsworth v. Farnsworth, 58 Vt. 555, 5 A. 401; Jewett v. Jewett, 61 Vt. 370, 17 A. 734.
The indictment follows the Code form for indictments under section 6920, and was not subject to the objection made by the demurrer. Toliver v. State, 142 Ala. 1, 38 So. 801; Jones v. State, 136 Ala. 118, 34 So. 236; Noles v. State, 24 Ala. 672; Addington v. State, 74 So. 846.
The financial statement made by the defendant as to his holdings was properly received in evidence.
It was not shown that the witness Seay had any knowledge of the correctness of the entries on the "loose sheets" taken from the ledger of the Cudahy Packing Company, and it affirmatively appears that he did not make the entries. The predicate did not bring these entries within the rule authorizing the witness to refer to such entries to refresh his recollection, or bring them within any other rule authorizing their admission in evidence. B.R.L. & P. Co. v. Seaborn, 168 Ala. 658, 53 So. 241; Hitt Lumber Co. v. McCormack, 13 Ala.App. 453, 68 So. 696; Minge v. Barrett Bros., 14 Ala.App. 468, 70 So. 962; Shirley v. South. Ry. Co., 73 So. 430. The court erred in overruling the defendant's objection to the evidence.
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...492, 76 So. 434, L. R. A. 1918A, 280); concealing identity (section 6937); false pretense and fraud (Code, §§ 6920, 6925; Dennis v. State, 16 Ala. App. 115, 75 So. 707); requiring railroads to provide "good lights" and sufficiency of good drinking water (Code, § 7660; Dean v. State, 149 Ala......
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...v. Rogers, 210 Ala. 423, 98 So. 370; Booker v. Benson Hardware Co., supra; Jones v. Journey, 2 Ala.App. 488, 56 So. 850; Dennis v. State, 16 Ala.App. 115, 75 So. 707; Jones on Evidence, 4th Ed., Vol. 1, § 201, p. 388; 20 Am.Jur., Evidence, §§ 407 and 409, pp. 368 and Appellants complain of ......
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