DELIVERED THE OPINION OP THE COURT.
In thе indictment under which he was convicted, appellant is charged with the offensе of obtaining money and property under false pretenses, committed in the fоllowing manner: That he, John Storms and E. B. Storms, conspired and confederated to dеfraud and obtain flour and meal from the firm of Galloway & Burnam, dealing by wholesale thеrein at Paint Lick, and for that purpose did make, forge and print the following words and figures on paper in the style of a business letter-head, viz: “Office of E. B. Taylor, dealer in dry goods, clothing, boots and shoes, family groceries, furniture, &c., six miles west on Laurel river, Corbin, Kentucky,” when, in fact, no such firm as E'. B. Taylor existed at the time, and said E. B. Taylor was not a dealer in any of the articles named in the letter-head. That after said false letter-head was made the defendants did, on February 2, 1893, and in furtherance of said conspiracy, willfully and feloniously, and for the purpose of fraudulently obtаining money and property from Galloway & Burnam, write an order to them as follows:
“Office of E. B. Taylor, dealer in dry goods, сlothing, boots and shoes, family groceries, furniture, &c., six miles west on Laurel river, Corbin, Ky. Keary, Ky., 4-2, 1892. Messrs. Galloway & Burnam: You will please send me the following: 500 pounds best flour, and ten bushels corn meal. Ship to Lilly, Ky. Yours resp., E. B. Taylor. I will refer you to W. W. Storms, Keary. Please sеnd on 30 days time.”
It is further charged that said order was for
The evidence fully supports the statements con-tained in the indictment. And the only question is whether the facts so alleged and proved, constitute an offense for which appellant can be punished. Seсtion 2, article 13, chapter 29, General Statutes, provides as follows: “If any person by any false pretense, statement or token, with intention to commit a frand, obtain from another, money, property ■or other thing which may be the subject of lаrceny; or if he obtain by any false pretense, statement or token, with like intention, the signature of another to a writing, the false making whereof would be forgery, he shаll be confined in the penitentiary not less than one nor more than five years.”
“A fаlse pretense is such a fraudulent representation of an exisiting or past fаct by one who knows it not to be true, as is adapted to induce the person tо whom .it is made to part with something of value.” (Sec. 151, vol. 1, Bishop on Criminal Law.)
The faсt falsely represented in this case, and which was intended, adapted to, and did. induce Galloway & Burnam to part with their flour and meal, was that E. B. Taylor had an establishment for the purpose, and was then and there a merchant and dealer in the аrticles mentioned in the letter-head. With
There is 'evidence that the father of appellantafterwards paid to Calloway & Burnam price of the flour and meal, but that did not operate to condone the offense, which was completed when the property parted with by Calloway & Burnam was obtained by the defendants.
Judgment affirmed.