27 Iowa 273 | Iowa | 1869
Lead Opinion
The statute under which the indictment is presented is as follows : “ If any person designedly and by false pretense, or by any privy or false token, and with intent to defraud, obtain from another any money, goods or other property, or so obtain the signature of any person to any written instrument, the false making of which would be punished as forgery, he shall be punished,” etc. Rev. § i394.
The false making of the receipt would be an indictable offense, and is classed as forgery by the statute. Rev. ch. 168. The demurrer to the indictment, however, raises no such question. The objection presented by the
Reversed.
Dissenting Opinion
(dissenting). — In my opinion the indictment fails to show any cri/mi/nal false pretense, either at common law or under the statute. The demurrer was therefore well taken.