State v. Petty, 24 S.W. 1010

Sheewood, J.

In order to constitute the crime of obtaining money or property by false pretenses, it is requisite that the false pretense should be either of a past event, or of some fact having a present existence, and it can not consist of a promise to do something or of some event to happen in the future. State v. Evers, 49 Mo. 542; State v. DeLay, 93 Mo. 98; State v. Kingsley, 108 Mo. 135

Here the alleged false pretense by which defendant obtained the $10 from Meltabarger, was that he would ship Meltabarger a large quantity of goods and wares. Under the cases cited, the indictment alleges no offense,- and as the evidence preserved shows that the charge in the indictment is in accordance with the facts, we reverse the judgment and discharge the defendant.

All concur.

Case Details

Case Name: State v. Petty

Court Name: Supreme Court of Missouri

Date Published: Jan 31, 1894

Citations: 24 S.W. 1010; 119 Mo. 425; 1894 Mo. LEXIS 9

Court Abbreviation: Mo.