State v. Petty
| Decision Date | 31 January 1894 |
| Citation | 119 Mo. 425,24 S.W. 1010 |
| Parties | STATE v. PETTY. |
| Court | Missouri Supreme Court |
Appeal from circuit court, Maries county; D. W. Schackleford, Judge.
A. W. M. Petty was convicted of obtaining money by false pretenses, and he appeals. Reversed.
J. W. Zevely, for appellant. R. F. Walker, Atty. Gen., and Morton Jourdon, Asst. Atty. Gen., for the State.
In order to constitute the crime of obtaining money or property by false pretenses, it is requisite that the false pretense should be either of a past event or of some fact having a present existence; and it cannot consist of a promise to do something, or of some event to happen in the future. State v. Evers, 49 Mo. 542; State v. De Lay, 93 Mo. 98, 5 S. W. 607; State v. Kingsley, 108 Mo. 135, 18 S. W. 994. Here the alleged false pretense by which defendant obtained the $10 from Meltabarger was that he would ship Meltabarger a large quantity of goods and wares. Under the cases cited, the indictment alleges no offense, and, as the evidence preserved shows that the charge in the indictment is in accordance with the facts, we reverse the judgment, and discharge the defendant. All concur.
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...pretenses. State v. Krouse, 171 Mo.App. 424, 156 S.W. 727; State v. Ruwwe, 242 S.W. 936; State v. Allison, 86 S.W. 958; State v. Petty, 119 Mo. 425, 24 S.W. 1010; Reed v. Cooke, 331 Mo. 507, 55 S.W.2d Wilson v. Jackson, 167 Mo. 135, 66 S.W. 972. (9) The evidence established that all the tra......
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