Fuller v. Territory

• Decision Date: 23 February 1909
• Citation: 99 P. 1098,2 Okla.Crim. 86,1909 OK CR 36
• Parties: FULLER v. TERRITORY.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

99 P. 1098

2 Okla.Crim. 86, 1909 OK CR 36

FULLER v. TERRITORY.

Court of Criminal Appeals of Oklahoma

February 23, 1909

Syllabus by the Court.

For sufficient indictment for obtaining money under false pretenses, see opinion.

[Ed Note.-For other cases, see False Pretenses, Dec. Dig. § 26 ^[*]]

Venue need not be proven beyond a reasonable doubt, and may be proven by circumstantial evidence.

[Ed Note.-For other cases, see Criminal Law, Cent. Dig. §§ 1278 1279; Dec. Dig. § 564. ^[*]]

When there is testimony in the record sustaining the verdict of the jury, this court will not reverse a conviction, although there is also evidence in the record, which, if believed by the jury, would have required an acquittal.

[Ed. Note.-For other cases, see Criminal Law, Cent. Dig. §§ 3074-3083; Dec. Dig. § 1159. ^[*]]

Appeal from District Court, Logan County; John H. Burford, Judge.

James H. Fuller was convicted of obtaining money by false pretenses, and he appeals. Affirmed.

On the 5th day of November, 1906, James H. Fuller (hereinafter called defendant) was indicted in the district court of Logan county for the offense of obtaining money under false pretenses. Being found guilty by the jury, and sentenced by the court to imprisonment in the penitentiary for the period of one year, the defendant prosecuted this appeal.

T. S. Jones and F. M. Cowgill, for appellant.

W. O. Cromwell, Atty. Gen., and Thos. R. Clift, for the Territory.

FURMAN P.J.

First. The defendant assails the sufficiency of the indictment, the charging part of which is as follows: "*** That one James H. Fuller on the 18th of September, in the year of our Lord, one thousand nine hundred and five, in the said county of Logan, territory of Oklahoma, and then and there being did then and there unlawfully, designedly, fraudulently and feloniously obtain from one F. L. Williams the sum of three hundred dollars ($300), in good and lawful money of the United States, by then and there falsely, designedly, fraudulently and feloniously representing to him the said F. L. Williams that he the said James H. Fuller was then and there the owner of one team of black mules, six (6) years old; one team of mares, seven and eight years old; ten cows and six two-year old steers, on which said above set out mules, mares, cows, and steers, he the said James H. Fuller then and there gave to the said F. L. Williams a chattel mortgage to secure the payment of the said three hundred dollars ($300.00), so, as aforesaid, obtained from him the said F. L. Williams by him the said James H. Fuller, when in truth and in fact he the said James H. Fuller was not the owner of the above described team of black mules, the said team of mares, the said ten cows or the said six two-year old steers, as he, the said James H. Fuller, then and there well knew; that he the said F. L. Williams, relying on the representations of him, the said James H. Fuller, that he was the owner of the above described property, and believing said representations to be true, was induced to and did loan to him the said James H. Fuller, the said sum of three hundred dollars ($300.00), as aforesaid, and did take the said security on the above described property, as aforesaid, for the payment of said three hundred dollars, which said representations on the part of him, the said James H. Fuller, were then and there made with the intent to cheat, wrong and defraud the said F. L. Williams out of the said sum of three hundred dollars ($300.00), as aforesaid; contrary to the statute in such case made and provided and against the peace and dignity of the territory of Oklahoma." In the case of Taylor v. Territory, 99 P. 628 (not yet officially published), it was held that the indictment was fatally defective because it failed to allege that the false pretenses set forth were relied upon by the complainant,...