71 Iowa 685 | Iowa | 1887
The material portion of the indictment is as follows: That the defendant and one Smith “feloniously, designedly, by false pretense, and with intent to defraud,, did falsely represent, pretend, and state to one Mathias Hammers that the said Patrick McGinnis was the owner of a certain piece of land,” which he offered to sell said Hammers for a named price, and which offer was accepted; “and there
It will be observed that the indictment does not charge that the mortgage was delivered, but that the charge is that the signature of Rammers was obtained thereto, and counsel for the defendant insist that no crime known to the law is charged. It is provided by statute 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 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 * * * ” . Code, §. 4073.
The question to be determined is whether, under the statute, it is essential, in order to constitute the crime, that there should be a delivery of the written instrument to which the signature was obtained by false pretense, with intent to defraud. The attorney-general concedes that if “ money, goods or property is so obtained,” there must be a delivery, and that the title or possession must vest at least for' some time before the offense is- complete; and it was so held in State v. Anderson, 47 Iowa, 142; but he contends that the offense is complete when the signature to the instrument is obtained: In this proposition we do not concur. It will be
We are of the opinion that no crime is charged in the indictment, and therefore it follows that the judgment of the district court must be
Reversed.