State v. Dowd

• Decision Date: 07 May 1888
• Parties: STATE v. DOWD et al.
• Court: Missouri Supreme Court

8 S.W. 7

95 Mo. 163

STATE v. DOWD et al.

Supreme Court of Missouri.

May 7, 1888.

FALSE PRETENSES — INDICTMENT — SUFFICIENCY — REV. ST. MO. § 1561.

Under Rev. St. Mo. § 1561, providing that a person who, with intent to defraud, shall obtain the property of another by means of deception, shall be guilty of a felony, an indictment, charging that a deed belonging to certain parties was fraudulently obtained from them by the accused, yet alleging that such parties had executed and delivered the deed to a third person, fails to state a cause of action against the accused, as the deed is the property of the third person and he alone can be defrauded.

Error to circuit court, Phelps county; C. C. BLAND, Judge.

F. E. Dowd, John St. Elmer, and Arthur Corse were indicted for obtaining goods under false pretenses. The indictment was quashed on motion of defendants, and the state brings error.

Atty. Gen. B. G. Boone, for plaintiff in error. J. F. Parker, for defendants in error.

SHERWOOD, J.

The indictment in this case is as follows:

"STATE OF MISSOURI, COUNTY OF PHELPS.

"In the Circuit Court, February Term, 1888.

"The grand jurors for the state of Missouri, summoned from the body of Phelps county, impaneled, charged, and sworn, upon their oaths present that F. E. Dowd, John St. Elmer, Arthur Corse, late of the county aforesaid, on the 19th day of July, 1887, at the county of Phelps and state aforesaid, did feloniously and designedly, with intent to cheat and defraud Minnie Lupberger and her husband, Wilhelm Lupberger, obtain a general warranty deed of and from the said Minnie Lupberger and Wilhelm Lupberger, dated on the 15th day of July, 1887, executed, signed, sealed, acknowledged, and delivered in due form and manner of law, on the 19th day of July, 1887, whereby the said deed purports to convey, in consideration of the sum of three hundred dollars to them, the said Minnie Lupberger and Wilhelm Lupberger, paid by Ludwig Gebhart, all the right, interest, and title of the said Minnie and Wilhelm Lupberger unto the said Ludwig Gebhart, and to his heirs and assigns, forever; and covenanted to warrant and defend of and to the following described real estate: The south half of the south-east quarter section thirty-four, township thirty-eight, range seven, situate in Phelps county, state of Missouri, (said deed and real estate are of the value of fifteen hundred dollars, the property of the said Minnie Lupberger and Wilhelm Lupberger,) — with the intent them...