81 So. 183 | Ala. Ct. App. | 1919
While it is sufficient in an indictment for the statutory offense of obtaining goods by false pretenses to allege generally an intent to injure or defraud, without naming the person intended to be defrauded, the indictment must show some reasonable connection between the accomplished fraud and the false pretense. Mack v. State,
Possession of goods is evidence of ownership, which the law regards and will protect as against a wrongdoer, and proof that a person from whom the goods were fraudulently obtained was in possession will sustain an indictment in Code form. Mack v. State, supra; Heygood v. State,
The evidence in this case shows that neither Wilson nor Narramore were in possession of the goods alleged to have been fraudulently obtained by the defendant; it appears that the goods, at the time of the alleged false pretense were in the possession of the American Agricultural Chemical Company in Montgomery, and the alleged false pretense, as the evidence tended to show, was made to Wilson, in Prattville. The evidence shows that Wilson was not an employé or agent of the American Agricultural Chemical *664 Company, and there is nothing in the record to show that Wilson or Narramore ever acquired any right, title or interest in the property, or in any way became responsible therefor. In the absence of such proof, under the indictment in this case, the defendant was entitled to the affirmative charge.
For the errors pointed out, the judgment will be reversed, and the cause remanded.
Reversed and remanded.
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