State v. Mortimer
| Decision Date | 27 April 1903 |
| Citation | 82 Miss. 443,34 So. 214 |
| Court | Mississippi Supreme Court |
| Parties | STATE OF MISSISSIPPI v. THADDEUS E. MORTIMER |
FROM the circuit court of Tippah county. HON. PERRIN H. LOWREY Judge.
Mortimer appellee, was indicted for obtaining a teacher's pay certificate by misrepresentations. A demurrer to the indictment was sustained, and the state appealed to the supreme court.
The indictment in this case, leaving off the formal parts, is as follows: "Thaddeus E. Mortimer, late of the county aforesaid, on the 4th day of January, 1902, in said county being then and there the principal of the Blue Mountain white public school in said county, and it being his duty under the law to make monthly reports to the county superintendent of education of said county of the number of pupils in attendance upon said public school, and the monthly average of said attendance of pupils, the said Thaddeus E. Mortimer as teacher aforesaid, with the intent of him, the said Mortimer, unlawfully, designedly, feloniously, falsely, and fraudulently to cheat, wrong, and defraud the said county of Tippah, then and there did unlawfully, feloniously designedly, falsely, and fraudulently, by virtue of a false token and writing called a monthly report of said school, pretend that the school report made by him, the said Mortimer, on the 4th day of January, A.D. 1902, for the said month of the Blue Mountain public white school in said county beginning on the 2d day of December, 1901, and ending on the 30th day of the same month, was true, and by said report did say that there was in attendance on said school for said month, an average attendance of 82 3-20 pupils, whereas in truth and in fact there was an average attendance of less than 80 pupils for said month, by means of which false pretenses, and false report of the average attendance of pupils for said second month at the said school, he, the said Thaddeus E. Mortimer, was permitted by the county superintendent of education to have a second assistant in said school for the third month of said school, which assistant would not have been allowed for an average below 80 pupils for second month, and by means thereof, and with intent of him, the said Mortimer, unlawfully, feloniously, designedly, falsely, and fraudulently to cheat, wrong, and defraud the said county of Tippah, did, on the 25th day of January, 1902, in said courtly, unlawfully, feloniously, falsely, designedly, and fraudulently obtain from the county superintendent of education for said county a teacher's pay certificate for said second assistant teacher, of the value and for the amount of thirty-one dollars, and then and there did unlawfully, feloniously, falsely, and designedly obtain from the chancery clerk of said county a warrant on the teacher's fund of said county for thirty-one dollars, and for the value of thirty-one dollars, for the said second assistant teacher in said school, against the peace and dignity of the state of Mississippi."
Affirmed.
J. N. Flowers, assistant attorney general, for appellant.
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State v. Collins
... ... 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 ... case the court below sustained a demurrer interposed by ... Alfred Collins to an indictment against him; and ... ...
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State v. Dodenhoff
...defrauded was ignorant of the truth. Smith v. State, 55 Miss. 513; Denley v. State, 12 So. 698; State v. Mortimer, 82 Miss. 443 (s.c., 34 So. 214). Smith v. State, first case cited above, in arguing that the false pretenses need not be the sole inducement for the injured party parting with ......
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Moore v. State
...attorney-general in this case that it is not quite as credulous as the Roman Populace. Counsel for the state contends that the Mortimer case, 82 Miss. 443, is not applicable to the case at bar, for the reason that he says "the presumption was deduced from the indictment that the money was p......