Taylor v. Com.

• Decision Date: 29 April 1893
• Citation: Taylor v. Com., 94 Ky. 281, 22 S.W. 217 (Ky. Ct. App. 1893)
• Parties: TAYLOR v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

22 S.W. 217

94 Ky. 281

TAYLOR v. COMMONWEALTH.

Court of Appeals of Kentucky.

April 29, 1893

Appeal from circuit court, Laurel county.

To be officially reported.

E. B Taylor was convicted of obtaining goods under false pretenses, and appeals. Affirmed.

Ewell &amp Smith, for appellant.

W. J Hendrick, for the Commonwealth.

LEWIS J.

In the indictment under which he was convicted, appellant is charged with the offense of obtaining money and property under false pretenses, committed in the following manner: That he, John Storms, and E. B. Storms conspired and confederated to defraud and obtain flour and meal from the firm of Galloway &amp Burnam, dealing by wholesale therein at Paint Lick, and for that purpose did make, forge, and print the following words and figures on paper in the style of a business letter head, viz.: "Office of E. B. Taylor, Dealer in Dry Goods, Clothing, Boots & Shoes, Family Groceries, Furniture, &c. Six miles West on Laurel River, Corbin, Ky.,"-when in fact no such firm as E. B. Taylor existed at the time, and said E. B. Taylor was not a dealer in any of the articles named in the letter head. That, after said false letter head was made, the defendants did, on February 2, 1893, and in furtherance of said conspiracy, willfully and feloniously, and for the purpose of fraudulently obtaining money and property from Galloway & Burnam, write an order to them as follows: "Office of E. B. Taylor, Dealer in Dry Goods, Clothing, Boots & Shoes, Family Groceries, Furniture, &c. Six miles West on Laurel River, Corbin, Ky. Keany, Ky. 4/12, 1892. Messrs. Galloway & Burnam: You will please send me the following: 500 pounds best flour, and ten bushels of corn meal. Ship to Lilly, Ky. Yours, Resp., E. B. Taylor. I will refer you to W. W. Storms, Keany. Please send on 30 days' time." It is further charged that said order was forwarded by mail to Galloway & Burnam, at Paint Lick, for the purpose aforesaid, and thereby defendant obtained, and Galloway & Burnam were induced and did send to the address of E. B. Taylor, the quantity of flour and meal as requested in said order, and of the value of $17.25.

The evidence fully supports the statements contained in the indictment, and the only question is whether the facts so alleged and proved constitute an offense for which appellant can be punished. Section 2, art. 13, c. 29, Gen. St provides as follows: "If any person, by any false pretense,...