State v. BromleyState v. Bromley
This is defendant’s writ of error bringing up a conviction on an indictment found by the grand jury of Hudson county.
The indictment charged, in effect, that the defendаnt obtained money from George Hig’don by false pretence, the misrepresentation alleged being that the defendant could secure and obtain a legitimate automobile driver’s license for him without his taking a legal and proper examination and test as required by the department of motor vehiclеs of New Jersey, which representation wаs averred to he false, and known to the dеfendant to be false.
The defendant claims that the court erred in refusing to quash the indictmеnt upon a motion made before the triаl was moved, and in the denial of motion in arrest of judgment upon the same grounds now to be сonsidered.
We think that the indictment, as we havе indicated, in effect, charges the obtaining of money by false pretences. We think thаt there was no failure (as claimed by the dеfend
It is argued thаt the indictment failed to charge, and that thе evidence failed to establish, any publiс offense. We think that it charged a criminal offense and that the offense charged was proved.
We fail to find any error prejudiсial to the defendant in permitting testimony of а communication made by a third party to the complaint, certainly none raised оn this record.
We find no error (as claimed by the defendant) upon the part of the judge in submitting thе case to the'jury upon an issue not within the indiсtment and upon a theory having no suppоrt from the evidence. We think that a carеful reading of the charge will disclose that the matter was fairly presented to the jury.
It is next аrgued that the verdict was against the weight of the evidence. We do not think that it was. The fact is, we think, that the defendant’s own testimony reasonably supports his conviction.
The judgment will be affirmed, with costs.