State v. Munday
| Decision Date | 31 January 1878 |
| Citation | 78 N.C. 460 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. ROBERT MUNDAY. |
INDICTMENT for Obtaining goods under False Pretences, tried at Fall Term, 1877, of WATAUGA Superior Court, before Cloud, J.
The bill of indictment was as follows: The jurors, &c., present, that Robert Munday, &c., unlawfully did falsely pretend to one Joseph Moretz, that he, Munday, was seized in fee and possessed of a certain tract of land lying, (describing the land) and that said Munday had a good title to the same free from all incumbrances whatsoever, by means of said false pretence, he, the said Munday, did then and there induce said Moretz to purchase said land, and by means of said false pretence, did then and there obtain from said Moretz the sum of $300, with intent then and there to cheat and defraud said Moretz of the same, and did then and there make and execute to said Moretz a deed in fee to said land, with assurances that the title to the same was free from all incumbrances; Whereas in truth and in fact the said Munday had made, before the day of said sale and purchase of the land aforesaid, a good and sufficient mortgage on said land to one James Winkler to secure the payment of $100, which said mortgage has been duly admitted to probate and recorded in the office of the Register of Deeds in the County aforesaid, and constituted at the time of said sale and purchase by said Moretz, an incumbrance on said land and the title thereto, and does still constitute an incumbrance on said land, to the great damage of him, the said Moretz, to the evil example of all others in like case offending, against the form of the statute, &c.
After a verdict of guilty was rendered by the jury, the defendant's counsel moved in arrest of judgment, Motion allowed, and Cowles, Solicitor for the State, appealed.
Attorney-General, for the State .
Mr. G. N. Folk, for the defendant .
A says to B, here is a tract of land which belongs to me, and to which I have a perfect title, free from incumbrance; I will sell it to you and make you a perfect title for $300. B says I will give it, and he does give it. It turns out that A had no title, or an incumbered one, and that he knew it at the time, and intended to cheat and defraud B out of his money. And B was defrauded. Is that a false pretence indictable in A? The defendant says it is not, because false pretence is akin to larceny, and that land is not the subject of larceny, and that neither land nor...
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... ... (1) The ... false pretenses were not so absurd and irrational that ... Robinson had no right to rely thereon. State v ... Martin, 226 Mo. 539; State v. Keyes, 196 Mo ... 136; State v. Hill, 72 Me. 238; Thomas v ... People, 113 Ill. 531; State v. Munday, 78 N.C ... 460; Watson v. People, 87 N.Y. 566. The indictment ... sufficiently charges that all the facts were feloniously ... done. State v. Wilson, 223 Mo. 159; State v ... Ferguson, 162 Mo. 668. (2) The evidence did not show the ... prosecuting witness had the means at hand at the ... ...
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