This is an appeal by the State from a judgment of the Circuit Court of Lafayette County, which sustained a demurrer to the indictment of Mattie Cohran.
The indictment was drawn under Section 2149, Code of 1942, and attempted to charge the crime of false pretenses. Omitting the formal parts, it charged that Mattie Cohran and another: “late of the County aforesaid, on or about the 30th day of October, 1952, in said County and State did wilfully, unlawfully, knowingly, fraudulently, designedly, and feloniously, with intent to cheat and defraud one Boss Brown and Barry Brown, a partnership, by color of certain false writings, in words and figures as follows, to wit:
I. II.
Date 10/30/1952 Date 10/30 1952
Liner Jones Sam Jones
No. $300 No. $300
Beg. No_________Clerk, Account forwarded 52-Beg. No_________
Clerk, Account Forwarded 52
185 186
196 172
42 77
.PLM 423 PLM 429
OK
12.69 12.87
obtain of and from the said Boss Brown and Barry Brown by means and color of the said false writings
Against the peace and dignity of the State of Mississippi. ’ ’
By speculation, it may be assumed that the words and figures, of which profert was made, referred to fraudulent tickets for services rendered in picking cotton. But the indictment did not allege any extrinsic facts in explanation of what such words and figures represented, or what they were intended to be, or wherein they were false.
In Cohran v. State,
Dunson v. State, _ Miss. _ ,
In a prosecution for false pretenses, it is necessary to charge that the pretenses were false; that the defendant knew them to be false; that he obtained from another certain money or other valuable things; and that the pretenses were the moving cause by which the money or things were obtained. State v. Freeman,
Consequently the demurrer was properly sustained and the cause is affirmed.
Affirmed.
