179 Ind. 697 | Ind. | 1913
Appellant, with others, was indieted for conspiracy to commit the crime of obtaining money by false pretense, as defined by §§2588, 2647 Burns 1908, Acts 1907 p. 431, Acts 1905 p. 584, §641. On a plea of not guilty, he was tried by a jury and convicted. He filed a motion in arrest of judgment, in which he averred that the facts stated in the indictment do not constitute a public offense. Subd. 2 §2159 Burns 1908, Acts 1905 p. 584, §283. The only question presented here is predicated on the action of the trial court, in overruling this motion.
So much of the indictment, as is pertinent to this controversy, reads as follows: “Samuel W. Woodsmall, Emanuel Purcell, and Charles C. Riggs, * * * did * *• * unite, combine, conspire, confederate and agree to and with each other for the object and purpose and with the unlawful and felonious intent to then and there feloniously, unlawfully, knowingly and falsely pretend to one, Luella Mills, with intent then and there and by such false pretense to cheat and defraud the said Luella Mills for the purpose of obtaining from the said Luella Mills Two Hundred ($200.00) Dollars in money, which money then and there belonged to the said Luella Mills; that the said defendants, Samuel W. Woodsmall, Emanuel Purcell, and Charles C. Riggs, falsely and fraudulently represented to Luella Mills that there was a detective in the town of Shelburn, Sullivan County, Indiana, and that the said detective was going to arrest the said Luella Mills’ son, James Little, and the said defendant, Charles C. Riggs, for the burning of the said James Little’s restaurant on the 15th day of January, 1912, and that the said defendants falsely and designedly further represented to the said Luella Mills, with the intent to defraud, that if she would pay Two Hundred ($200.00) Dollars in money to the defendant, Samuel W. Woodsmall, he would pay it to the detective and prevent the arrests and exposure; relying upon the said representations of the said defendants, Samuel W. Woodsmall, Emanuel Purcell and Charles C. Riggs, and
Judgment reversed, with instructions to sustain appellant’s motion in arrest of judgment. The clerk will issue the proper notice for the return of appellant to the sheriff of Sullivan County.
Note.—Reported in 102 N. E. 130. See, also, under (1) 12 Cyc. 761; (2) 12 Cyc. 760; (3) 19 Cyc. 427. As to the indispensability, in an indictment, that facts be charged sufficient to constitute a public offense, see 3 Am. St. 280. As to the legal effect of a motion in arrest of judgment, see 135 Am. St. 74.