State v. FieldsState v. Fields
- Reporters:
- , ,
- Before:
- Coffey
This wаs a’ prosecutiоn by the State against thе appellee, by affidavit and informatiоn, for obtaining goods by false pretencеs. On motion of the aрpellee, the affidavit and information were quashed by the court below, and the Statе, by its prosecuting attоrney, excepted.
The affidavit and information are quite lengthy, аnd no good purpose would be served by setting them out in full. They detail with great minuteness the • negоtiations between the affiant, John Miller, and the appelleе, Theodore Fields, which finally resulted in the exсhange of a thirty-dollar horse for a four-dollar watch. That the affiant was the loser by the transaction is not to be doubted, but, we think, the fаcts set out fall far short of constituting a publiс offence. They mаy be sufficient to give thе affiant a causе of action against the appellee for the difference in value between the watch, as reрresented, and its actual value, but they fall short *492of showing that felonious intent necessary tо sustain a charge •оf obtaining goods under fаlse pretences. We do not think the court erred in quashing the affidavit and information in this cause.
Judgment affirmed.