State v. Cadwell

• Citation: 44 N.W. 711,79 Iowa 473
• Parties: STATE v. CADWELL.
• Decision Date: 08 February 1890
• Court: United States State Supreme Court of Iowa

79 Iowa 473

44 N.W. 711

STATE

v.CADWELL.

Supreme Court of Iowa.

Feb. 8, 1890.

Appeal from district court, Harrison county; SCOTT M. LADD, Judge.

Defendant was convicted of the crime of obtaining money by false pretenses. He was adjudged to be imprisoned in the penitentiary at Fort Madison for the period of 21 months, and from that judgment he appeals.L. R. Bolter & Sons and J. W. Barnhart, for appellant.

John Y. Stone, Atty. Gen., for the State.

ROBINSON, J.

The indictment charges that the alleged offense was committed as follows: “That W. C. Cadwell, on or about the 8th day of October, 1888, in the county aforesaid, with intent to defraud one H. W. Bostwick of his money and property, did designedly, falsely, and fraudulently represent to him, said Bostwick, that he, said defendant, had on deposit in the Citizens' Bank of Council Bluffs, Iowa, money subject to draft, which representations were false, and were known to defendant to be false, and were made by defendant with intent to defraud, and obtain from said Bostwick money and property of the value of $1,148.75 in currency, checks, drafts, and bills of exchange, a more particular description of which is to the grand jurors unknown, in exchange for a draft given by said defendant to said Bostwick, and drawn upon said Citizens' Bank of Council Bluffs, for the sum of $1,148.75, which draft defendant well knew to be of no value. And said Bostwick, believing said representations made by defendant to be true, and being deceived thereby, was induced by reason of said false representations and false pretenses to part with his said money and property, and accept said draft of defendant therefor, believing said draft would be paid on presentation thereof for payment at said Citizens' Bank, and which said draft, or the payment thereof, was refused by said bank when presented, whereas, in truth and in fact, said defendant had no money on deposit to meet said draft in said Citizens' Bank on said day, or at any time since; all of which was well known to defendant, and defendant knew at the time of making the alleged representations to said Bostwick that such representations, regarding the money on deposit in said Citizens' Bank, to meet the payment of said draft, were false, and were made designedly, and by false pretense, and with intent to deceive and obtain from said Bostwick money, goods, and property.” A demurrer to the indictment was overruled. To that ruling the defendant excepted.

1. The first objection to the indictment raised by the demurrer is that the facts constituting the offense charged are not set out with sufficient fullness. The gravamen of the charge is that defendant, by means of false pretenses, obtained of Bostwick, on the date named, money and other property of the value of $1,148.75 in currency, checks, drafts, and bills of exchange, a particular description of which the grand jurors could not give; that the false pretenses consisted of representations that the draft given by defendant for said property was drawn against funds with which it would be paid on presentation; and that Bostwick believed and relied upon such representations, and was deceived by them. The date of drawing the draft, its amount, and the name of the bank on which it was drawn, were specified. Those statements were certainly sufficient to inform defendant of the charge against him, and of the facts which could properly be shown to prove it. It therefore met the requirements of the statute. See Code, § 4296.

2. The next objection urged to the indictment is that it does not show whether the draft given to Bostwick was payable on presentation, or at some later date; that it is silent as to what representations, if any, defendant made as to time of payment; and that the draft may not have been due when the indictment was found. The indictment charges that defendant falsely, and with fraudulent intent, represented that he had money on deposit with the Citizens' Bank, subject to draft; that said draft was presented for...