Pittman v. State
| Decision Date | 20 May 1912 |
| Citation | 101 Miss. 553,58 So. 532 |
| Court | Mississippi Supreme Court |
| Parties | G. F. PITTMAN v. STATE |
October 1911
APPEAL from the circuit court of Forrest county, HON.W. H. COOK Judge.
G. F Pittman was convicted of obtaining money under false pretense and appeals.
The facts are fully stated in the opinion of the court.
Reversed and remanded.
Currie & Currie, for appellant.
The intent of the appellant at the time of the making of the contract is the essence of this case. And before this verdict and judgment can be upheld, the testimony must be so strong on the point of intent to defraud as to dispel any reasonable doubt of such intent. 20 So. 629.
And such fraudulent intent cannot be inferred from mere proof of the representations. State v. Myers, 82 Mo. 558; Trogdon v. Com., 31 Gratt. (Va.) 862.
Great latitude has been allowed in the reception of evidence bearing upon this point, or issue. Trogdon v. Com., 31 Gratt. (Va.) 862; McGee v. State, 117 Ala. 229, 23 So. 797; State v. Garris, 98 N.C. 733.
The foregoing authorities we think sufficient to establish our point, and to outline and indicate the latitude allowed the defendant to introduce evidence and throw light on his original intention.
Jack Thompson, assistant attorney-general, for appellee.
Taking this record as a whole, this defendant has not been deprived of any of his rights by the learned circuit judge, but has had a fair and impartial trial. The facts in the case were passed upon by a jury, and after mature deliberation they were convinced beyond every reasonable doubt of the guilt of the defendant. In the absence of any error of law appearing in this record, I respectfully submit that this case should be affirmed.
This indictment is under Sec. 1166 of the Code of 1906. The above statute provides that "every person who, with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by any false pretense, obtain the signature of any person to any written instrument, or obtain from any person any money, personal property, or valuable thing, upon conviction thereof, shall be punished by imprisonment in the penitentiary not exceeding three years, or in the county jail not exceeding one year, and by fine not exceeding three times the value of the money, property, or thing obtained."
In order to constitute an offense under the above section, the false pretense...
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Lee v. State
...State to show a felonious intent on the part of defendant to cheat and defraud the Isaacs out of their property. They cite Pittman v. State, 101 Miss. 553, 58 So. 532; Dunbar v. State, 130 Miss. 317, 94 So. 224; Lee v. State, 138 Miss. 705, 103 So. 366; King v. State, 124 Miss. 477, 86 So. ......
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State v. Collins
... ... Section 921 and ... held definitely that the gist of the crime under this section ... is the "intent to cheat and defraud." ... This ... indictment nowhere charges that Alfred Collins did with ... intent to cheat and defraud this corporation ... Pittman ... v. State, 58 So. 532, 101 Miss. 553; State v ... Freeman, 60 So. 774, 103 Miss. 764; State v ... Mortimer, 82 Miss. 443, 34 So. 214; Danley v ... State, 12 So. 698; State v. Hubanks, 99 Miss. 775, 56 ... [186 ... Miss. 452] McGowen, J ... In this ... ...
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Odom v. State
...and show that the defendant did not intend to repay the debt incurred as the result of the false representation, as appellant contends? The Pittman case seems to sustain position. However, if the ruling in that case is to be adhered, to, the purpose sought to be effected by our false preten......