190 Ind. 406 | Ind. | 1921
— Appellant was charged by indictment, under §2588 Burns ' 1914, Acts 1907 p. 481, with the offense of obtaining money by false pretenses. The indictment alleged, in substance, that at, etc., on, etc., the appellant unlawfully', falsely, feloniously and knowingly pretended to “Charles L. Riddle and C. E. Dunham (whose Christian name is to the grand jurors ■unknown),” with intent by such false pretense to cheat and defraud them, and for the purpose of obtaining from them $200, that he (the appellant) was the absolute and sole owner of a certain formula for the manufacture of a varnish protector, and could and would sell and convey to them the complete and unincumbered right and title to and in said formula for a price named, but charged that he was not the absolute or sole owner
Appellant was tried without a jury, and was found guilty, as charged. He moved for a new trial for the alleged reasons that the verdict was not sustained by sufficient evidence, and was contrary to law. His motion was overruled and he excepted, and from a judgment on the finding this appeal was taken. The only error assigned is that the trial court erred in overruling appellant’s motion for a new trial. Counsel for the state suggest some objections to the notice of appeal, and to the manner of approval of the bill of exceptions. But in view of the conclusion reached upon the merits we do not deem it necessary to consider or decide whether or not the objections are well taken.
The paper which he signed named him twice as “C. E. Dunham,” and three times as “Dunham,” and he
The finding is sustained by sufficient evidence, and is not contrary to law.
The judgment is affirmed.