103 P. 521 | Or. | 1909
delivered the opinion of the court.
“Received from H. M. Clinesmith the sum of $7.50, for which we agree to furnish correct information by which the above named employee shall be enabled to secure a situation as lumberman with the S. B. Lumber Co. at city.”
The indictment alleges, and the proof shows, that when this receipt was given the defendant stated to Clinesmith that the Smith Brothers Lumber Company was a large firm doing business in the city, when in truth and in fact there was no such firm, partnership, business, or corporation, and that defendant knew this to be the case. Here was a representation as to an existing fact, namely, that there was such a firm as that indicated by defendant. The indictment is sufficient.
“Upon a trial for having, by any false pretense, obtained the signature of any person to any written instrument, or obtained from any person any valuable thing, no evidence can be admitted of a false pretense expressed orally and unaccompanied by a false token or writing, but such pretense or some note or memorandum thereof, must be in writing and either subscribed by or in the handwriting of the defendant.”
This is a matter of procedure and evidence, and not of pleading. In State v. Renick, 33 Or. 584 (56 Pac. 275: 44 L. R. A. 266: 72 Am. St. Rep. 758), the view above taken was enunciated by this court in the following language: “The statute has also made it an offense for any person to obtain, or attempt to obtain, with intent to defraud, any money or property whatever by any false pretense or by any privy or false token. (Citing
We find no substantial error, and the judgment will be affirmed. Affirmed.