111 So. 474 | La. | 1927
Defendant was charged with, convicted of, and sentenced for, willfully and feloniously obtaining property of the value of $166.45 from one L.B. Hoover, *14 with the intent to defraud him, by use and means of the confidence game; the means used being a false and bogus draft, which defendant knew to be worthless.
Defendant moved to quash the indictment on the ground that Act
"That every person who shall obtain or attempt to obtain from any other person, or persons any money or property, by means or by use of any false or bogus checks, or by any other means, instrument or device, commonly called the confidence game, shall be imprisoned with or without hard labor for not less than three months nor more than five years."
The constitutionality of this act was attacked in State v. Theriot,
*15"No more certain definition could be given than that method of swindling called the confidence game. The means that may be used are different and varied, but that fact no more renders the statute uncertain than the different means employed to gain entrance to a building make burglary uncertain or the various means by which death may be caused render the crime of murder uncertain."
A confidence game, as defined in State v. Theriot, supra, is any "swindling operation in which advantage is taken of the confidence reposed by the victim in the swindler," and, as said in Elliott v. People,
In our opinion, the act does not violate article 10 of the Constitution of 1913, and hence should not be held to be unconstitutional on the grounds urged.
Defendant also urges that the indictment should be quashed, because it does not set out that the false and bogus draft was presented for payment, and that payment was refused. This is urged only in defendant's brief, and is not mentioned in his motion to quash. However, it may be said that section 2 of the act of 1912, denouncing the offense, states what the indictment should set out, and among the requirements the allegation mentioned does not appear. It was not necessary to make it.
The judgment appealed from is affirmed.
O'NIELL, C.J., concurs in the decree.