State v. Kelley

• Decision Date: 18 November 1902
• Citation: 170 Mo. 151,70 S.W. 477
• Parties: STATE v. KELLEY.
• Court: Missouri Supreme Court

70 S.W. 477

170 Mo. 151

STATE v. KELLEY.

Supreme Court of Missouri, Division No. 2.

November 18, 1902.

CRIMINAL LAW — FALSE REPRESENTATIONS — INDICTMENT.

1. An indictment alleging that by defendant's false representations prosecutor was induced to sell and deliver to defendant furniture and carpet on credit, but failing to allege that prosecutor "did" deliver the property to defendant, was fatally defective.

Appeal from St. Louis circuit court; H. D. Wood, Judge.

Mattie Kelley was convicted of obtaining goods under false pretenses, and she appeals. Reversed.

Chas. P. Johnson and Ashley C. Clover, for appellant. Atty. Gen. & Jerry M. Jeffries, for the State.

BURGESS, J.

Defendant was convicted in the circuit court of the city of St. Louis, and her punishment fixed at two years' imprisonment in the penitentiary, under an indictment charging her with obtaining household furniture from Mueller Bros. Furniture & Carpet Company of the value of $81.95 by means of false and fraudulent pretenses and representations. She appeals.

While the indictment alleges that by reason of the false and fraudulent pretenses and representations of defendant Mueller Bros. Furniture & Carpet Company "was induced to sell and deliver" to her furniture and carpet on credit, it does not allege that the company did deliver said property to her, which is absolutely necessary, under the rulings of this court in cases of this character, in order to make a good indictment. Nothing is to be taken by intendment, but the indictment must allege all material facts. State v. Phelan, 159 Mo. 122, 60 S. W. 71; State v. Hubbard (not yet officially reported) 70 S. W. 883.

The judgment is reversed, and the cause remanded. All of this division concur.