Donohoo v. State

• Decision Date: 07 July 1894
• Citation: 27 S.W. 226
• Parties: DONOHOO v. STATE.
• Court: Arkansas Supreme Court

27 S.W. 226

DONOHOO v. STATE.

Supreme Court of Arkansas.

July 7, 1894.

Appeal from circuit court, Garland county; Alexander M. Duffie, Judge.

Eugene Donohoo was convicted of obtaining goods by false pretenses, and appeals. Affirmed.

Eugene Donohoo, pro se. James P. Clarke, Atty. Gen., and Chas. T. Coleman, for the State.

RIDDICK, J.

The appellant, Eugene Donohoo, was indicted and tried in the Garland circuit court for the crime of obtaining property by false pretenses. It was alleged that he procured a quantity of lumber and building material from J. R. Loyd and J. M. Smith, partners under the firm name of J. R. Loyd & Co., by falsely pretending that he had purchased five acres of land from J. A. Smith at $125 an acre, upon which land he wished to erect a house, and that he had paid one-half of said purchase money. It was further alleged that these statements concerning the purchase of the land and the payment of half of the purchase money were false. On the trial the evidence was conflicting. The prosecuting witness, Loyd, testified that defendant made the statement to him that he had purchased five acres of land from J. A. Smith, and had paid half of the purchase price, and wished to purchase lumber to build a house on said land, — that on this statement he sold and delivered him a quantity of lumber. That but for this representation concerning the purchase of the land, and the payment of half of the purchase price thereof, he would not have sold him lumber. He also stated that, in addition to this representation, defendant agreed to pay for the lumber in monthly payments of $15, and that this was another reason why he let him have lumber. It was shown that defendant had not purchased land, but only obtained permission of owner to build a cabin on it, with the understanding that the owner would sell it to him when the title was cleared up. Defendant, testifying in his own behalf, denied that he had stated to Loyd & Co. that he had purchased five acres of land and paid half of the purchase price. That he had only stated that he was going to build on land of J. A. Smith, with whom he had made an arrangement for that purpose. That the only inducement he offered to obtain lumber was a promise that he would pay for it in monthly installments of $15 per month. That he was unable to pay promptly when the first installment became due, and that Loyd & Co. took the lumber away from him. That he had no intention to cheat and defraud them. There was...