State v. Leonard

• Decision Date: 13 October 1914
• Parties: STATE v. LEONARD.
• Court: Oregon Supreme Court

144 P. 113

73 Or. 451

STATE v. LEONARD.

Supreme Court of Oregon

October 13, 1914

Department 1.

Appeal from Circuit Court, Multnomah County; J. P. Kavanaugh, Judge.

T. J Leonard was convicted of obtaining the signature of two persons to a deed of conveyance by false pretenses, and sentenced to imprisonment in the penitentiary for not less than one nor more than five years, and he appeals. Affirmed.

J. P. Winter, of Portland (R. R. Johnson, of Portland on the brief), for appellant. R. F. Maguire, of Portland (W H. Evans and John A. Collier, both of Portland, on the brief), for respondent.

RAMSEY, J.

This is a criminal action for obtaining the signature of two persons to a deed of conveyance of real property by false pretenses etc.

The following is a copy of the body of the indictment, to wit:

"T. J. Leonard is accused by the grand jury of the county of Multnomah and state of Oregon, by this indictment, of the crime of obtaining and attempting to obtain by false pretenses, with intent to defraud, the signature of a person and persons to an instrument and deed, the false making of which is and would be a forgery, committed as follows:

"The said T. J. Leonard on the second day of December, A. D. 1912, in the county of Multnomah and state of Oregon, then and there being, did then and there unlawfully, feloniously, and knowingly, with intent to injure and defraud, falsely and fraudulently pretend and represent to one M. J. Denny, his attorneys, agents and employés, that a certain tract of land situate and being in Skamania county, state of Washington, to wit, all of lot eleven (11) of section twelve (12), in township three (3) north of range seven and one-half (7 1/2) east of the Willamette meridian, containing forty (40) acres, a more particular description of which said land is to this grand jury unknown, was then and there of the value of at least nine thousand ($9,000.00) dollars and that said defendant had theretofore sold and conveyed said lands to one C. O'Donovan for the sum of nine thousand ($9,000.00) dollars and that said C. O'Donovan had paid to said defendant forty-five hundred ($4,500.00) dollars as part of the purchase price for said land, and that a certain promissory note, purporting to be signed and executed by said C. O'Donovan to and in favor of the said defendant in the sum of forty-five hundred ($4,500.00) dollars with interest, a more particular description of which said note is to this grand jury unknown, was the balance due and owing by said C. O'Donovan to said defendant on account of the purchase price of said land, and that a certain mortgage, a more particular description of which is to this grand jury unknown, had theretofore been executed and delivered by said C. O'Donovan to and in favor of said defendant, as and for security for the payment of said promissory note, and that a certain assignment of said mortgage and note, a more particular description of which is to the grand jury unknown, then and there executed and delivered by said defendant to said M. J. Denny, his attorneys, agents, and employés, was a real, actual, and bona fide assignment and transfer of a real, actual and bona fide promissory note and mortgage for forty-five hundred ($4,500.00) dollars, due and owing by said C. O'Donovan to said defendant, and that he, the said defendant, was then and there the lawful owner and holder of said note and mortgage and indebtedness, and that there was then and there due upon said note and mortgage the sum of forty-five hundred ($4,500.00) dollars, with interest thereon from the second day of November, 1912. All of which said pretenses and representations, made as aforesaid, were false and fraudulent, and the said defendant then and there well knew them to be false and fraudulent.

"Whereas in truth and in fact, as said defendant then and there well knew, the said lands in Skamania county, state of Washington, were not and are not of the value of at least nine thousand ($9,000.00) dollars, but were and are of the value of not more than one thousand ($1,000.00) dollars, and the said defendant had not theretofore or at all sold or conveyed the said lands to said C. O'Donovan for the sum of nine thousand ($9,000.00) dollars, and the said C. O'Donovan had not paid said defendant the sum of forty-five hundred ($4,500.00) dollars, or any sum whatever, as part payment for said lands, and the said pretended promissory note for forty-five hundred ($4,500.00) dollars was not for a balance due and owing by said C. O'Donovan to said defendant on the purchase price of said lands, but said promissory note was caused by said defendant to be executed by said C. O'Donovan, with the intent and purpose of him, the said defendant, of deceiving, defrauding, and obtaining and attempting to obtain the signature of the said M. J. Denny and ______ Denny, his wife, to a certain instrument and deed of conveyance to certain lands in Clackamas county, state of Oregon, hereinafter more fully described, and the said C. O'Donovan did not own the said lands and did not owe the said defendant the sum of forty-five hundred ($4,500.00) dollars, or any sum whatever, upon said lands, and that said pretended mortgage had not been theretofore executed and delivered by said C. O'Donovan to said defendant as and for security of the payment of said pretended promissory note, but said defendant had caused said C. O'Donovan to execute said pretended mortgage with the intent of him, the said defendant, to deceive, defraud, and to obtain and to attempt to obtain the signatures of the said M. J. Denny and ______ Denny, his wife, to a certain instrument and deed of conveyance to certain lands in Clackamas county, state of Oregon, hereinafter more fully described; that said pretended assignment of said note and mortgage was not a true, real, actual, and bona fide assignment of a real, actual, and bona fide note and mortgage, but said pretended assignment was executed and caused to be executed by said defendant with the intent and purpose on his part to deceive and defraud and to obtain and attempt to obtain the signatures of the said M. J. Denny and ______ Denny, his wife, to a certain instrument and deed of conveyance to certain lands in Clackamas county, state of Oregon, hereinafter more particularly described; and that there was not then

and there due and owing upon said mortgage and note the sum of forty-five hundred ($4,500.00) dollars, or any other sum or amount whatsoever from the said C. O'Donovan to the said defendant, and the said defendant was not then and there the lawful owner of said mortgage and note and indebtedness, or any other note, mortgage, or indebtedness due and owing from said C. O'Donovan to said defendant by reason of any sale, trade, or other transaction relating to said Skamania county, Washington, lands, and there was not then and there due and owing upon said note and mortgage the sum of forty-five hundred ($4,500.00) dollars, with interest from November 2, 1912, or any sum or amount whatsoever, all of which facts were then and there well known to said defendant, but the said false and fraudulent representations and pretenses made and caused to be made by the said defendant to said M. J. Denny, his attorneys, agents, and employés, and the said fraudulent, false, fictitious, and collusive note, mortgage, assignment, and deed so executed and caused to be executed, as aforesaid, were made and caused to be made by the said defendant for the sole purpose of injuring, defrauding, and deceiving, and of obtaining and attempting to obtain from said M. J. Denny and ______ Denny the signatures of them, and each of them, to a certain instrument and deed of conveyance to certain lands in Clackamas county, state of Oregon, hereinafter more fully described, and the said M. J. Denny and ______ Denny, his wife, relying upon and believing to be true the said false and fraudulent representations and false tokens so made as aforesaid, were induced thereby to sign, execute, and caused to be signed and executed and delivered to said defendant a certain instrument and deed of conveyance to the following described lands in Clackamas county, state of Oregon: Beginning at a cedar post fifteen (15) inches in diameter, which is located twenty-three (23) feet five (5) inches east of an iron pipe driven in the ground in the north line of section 34, township 1 south, range 2 east of the Willamette meridian, in Clackamas county, Oregon, and which said gate post is the dividing line between the northeast quarter and the northwest quarter of said section 34; thence south on the said dividing line between said quarter section 80 rods to the point of beginning; thence south 80 rods to iron pipe, which marks the southwest corner of the northeast quarter of said section; thence east 80 rods to the division line between the east and west half of said northeast quarter of said section; thence north 160 rods to the north line of said section to an iron pipe, which marks the division line between the east and west half of said northeast quarter; thence west 40 rods following the north boundary line of said section to an iron pipe; thence south 80 rods to an iron pipe; thence west 40 rods to the division line between the northeast and northwest quarters of said section to the place of beginning, containing 60 acres of land, more or less--a more particular description of said lands and of said instrument and deed of conveyance being to the grand jury unknown, contrary to the statutes in such cases made and provided, and against the peace and dignity of the state of Oregon."

We have set out this prolix indictment because there is a demurrer thereto. The defendant demurred to it for the following reasons:

(1) "That the said indictment in this

...