False Pretenses, Cheats, Etc.

CHAPTER 222.

FRAUDS. 6920-6938.

ARTICLE 1. FALSE PRETENSES, CHEATS, ETC.

ARTICLE 2.

6920-6934.

FRAUDULENT CONVEYANCES, AND ILLEGAL DISPOSITION OF PROPERTY ON WHICH ANOTHER HAS A CLAIM. 6935. ARTICLE 3. FALSELY PERSONATING ANOTHER IN LEGAL PROCEEDINGS. 6936, 6937.

6920. (4729) (3811) (4370) (3714) (168) Obtaining property by false pretenses.-Any person who, by any false pretense or token, and with the intent to injure or defraud, obtains from another any money or other personal property, must, on conviction, be punished as if he had stolen it. (Form 58 [48].)

Falsely pretending to be a pension agent and by means thereof obtaining money is within the statute and state courts have jurisdiction of the offense.Pearce v. State, 115 Ala. 115 (22 So. 502). Deception and injury are the very essence of the crime.-Chauncey v. State, 130 Ala. 71 (30 So. 403). The offense of obtaining board and lodging by fraud is akin to this statute.— Chauncey v. State, 130 Ala. 71 (30 So. 403). Statement in a letter by a principal to his agent that certain charges were so excessive and exorbitant as to be simply petit larceny does not charge false pretense.-Ivey v. Pioneer Co., 113 Ala. 349 (21 So. 531). The pretense must be of an existing or past fact; must be false and made with intent to defraud and that money or goods were obtained by means of it.-Meek v. State, 117 Ala. 116 (23 So.

False Pretenses, Cheats, Etc.

An

115). Evidence to prove offense.-Ib. Obtaining money under fraudulent promise to perform work.-McIntosh v. State, 117 Ala. 128 (23 So. 668). False pretense must be of an existing or past fact; mere promise, though false, not sufficient.-Colly's case, 55 Ala. 85. Must be of material fact, calculated to deceive and defraud, and not absurd or irrational; yet, if party is imposed upon, his want of prudence no defense.-Woodbury's case, 69 Ala. 242; Beasley's case, 59 Ala. 20. Every pretense made need not be false. Ib. And the false pretense need not be the sole, but must be the controlling inducement to part with the property.—Woodbury's case, 69 Ala. 242. And not necessary that the money obtained should be paid directly to defendant, but may be paid to another at his request.-Sandy's case, 60 Ala. 58. The same false pretense, repeated on different days, is but one transaction, and no ground to require prosecutor to elect.-Beasley's case, 59 Ala. 20. The word "injure" means what is implied in the word "defraud."Carlisle's case, 76 Ala. 75. Goods may be obtained from bailee.-Mack's case, 63 Ala. 138. Indictment, form and sufficiency of examined and held sufficient in case of Frederick v. State, 39 So. 915. Where principal in confessed judgment induces surety to pay it by false representation, it will warrant a prosecution for false pretenses.-Frederick v. State, 39 So. 915. Indictment need not allege that the false pretense was capable of inducing party to whom made to part with his goods, further than by means of the pretense the goods were obtained.-Meek v. State, 117 Ala. 116 (23 So. 115). Indictment in the Code form sufficient.-Sandy's case, 60 Ala. 58; O'Connor's case, 30 Ala. 9. Allegation that "he had one small black mule," means that he had the mule as owner.-Franklin's case, 52 Ala. 414. Must aver an intent to injure or defraud.-Mack's case, 63 Ala. 138. May allege in different counts that pretense was made to different persons.-Oliver's case, 37 Ala. 134. Need not allege all the pretense made.-Beasley's case, 59 Ala. 20. The description "sixty-five dollars in money,' " is sufficient; also, of a certain instrument as "a deed of trust."-Oliver's case, 37 Ala. 134. indictmnet that defendant falsely pretended there was no incumbrance on property when delivered, is not equivalent to averment of claim of right of ownership.-Jenkins's case, 97 Ala. 67 (12 So. 110). Giving mortgage on mule which montgagor did not own is false pretense.-Fields v. State, 121 Ala. 16 (25 So. 726). Falsely pretending that defendant had money in the hands of a certain person.-Amos v. State, 123 Ala. 50 (26 So. 524). Admis sions of criminating facts and statements made to the defendant respecting his guilt and not denied by him, may be admissible against him.-Amos v. State, 123 Ala. 50 (26 So. 524). False pretense in presenting or receiving payment for false warrant at bank.-Leath v. State, 132 Ala. 26 (31 So. 108). Representations made to a partner when money is obtained from the partnership; not necessary to prove the falsity of the entire representation as alleged; a material part thereof is sufficient.-Woods v. State, 133 Ala. 162 (31 So. 984). Statement that defendant had earned in time of the railroad for which he was working $18 by means of which he obtained money, within statute. Henderson v. State, 137 Ala. 83 (34 So. 828). Defendant falsely pretending that he had a bale of cotton at a ginnery.-Elmore v. State, 138 Ala. 50 (35 So. 25). Evidence that defendant offered to refund money immaterial. Carlisle v. State, 77 Ala. 71. Evidence as to the pretense alleged, what a material variance.-O'Connor's case, 30 Ala. 9. Allegation that pretense was to H. B. Clark and proof to Hiram B. Clark, if same person, is immaterial variance.-Franklin's case, 52 Ala. 415. Not necessary to prove all pretenses alleged.-Beasley's case, 59 Ala. 20. Evidence showing use of goods by defendant, admissible to prove intent.-Mack's case, 63 Ala. 138. Sufficiency of proof of intent to injure or defraud.-Ib; Carlisle's case, 76 Ala. 75; O'Connor's case, 30 Ala. 9; Johnson's case, 29 Ala. 62. On charge of false pretense that there was no incumbrance on property, it is not available to defendant that a mortgage was recorded, and party was therefore chargeable with notice of falsity.-Jenkins's case, 97 Ala. 67 (12 So. 110). A conviction may be had on proof that accused falsely represented himself to be a lawyer and agent of a company to lend money on farm lands, and thereby obtained $35 as fee to examine title to land.-Bobbitt's case, 87

False Pretenses, Cheats, Etc.

Ala. 91 (6 So. 378). And for fraudulently attempting to obtain money from railroad company for failure to deliver baggage which had been already delivered.-White's case, 86 Ala. 69 (5 So. 674). Failure to perform services for surety will not support conviction.-McQueen's case, 89 Ala. 91 (8 So. 115).

6921. (4731) (3813) (4374) (3715) (169) Obtaining signature by false pretenses.-Any person who, by any false pretense or token, and with the intent to injure or defraud, obtains from another his signature to any written instrument, the false making of which is forgery, must, on conviction, be punished as if he had forged the instrument. (Form 59 [49].)

(Clay's Digest, p. 421, § 30.) The indictment should set out the instrument alleged to be forged.-Lanford's case, 45 Ala. 26. This offense is committed in obtaining an unattested signature to a bill of sale by false pretense.Barnett's case, 89 Ala. 165 (7 So. 414); Bickley v. Keenan, 60 Ala. 293.

6922. (4732) (3814) (4376) (3716) (170) Obtaining property by false personation.-Any person who, by falsely personating another, and with the intent to injure or defraud, obtains or receives any property intended to be delivered to the individual personated, must, on conviction, be punished as if he had stolen it. (Form 57 [47].)

(Clay's Digest, p. 421, § 29.)

6923. (4733) (3815) (4371) Obtaining building material by false pretenses.-Any original contractor, or subcontractor, who, having contracted to do or perform any work or labor upon, or to furnish any material, fixtures, engine, boiler, or machinery for any building or improvement upon land, or for repairing the same, purchases materials from any person on credit, and, at the time of the purchase, represents that the same are to be used in a designated building or improvement, and thereafter, without first giving to such person due notice of his intention to so use the same, and, with intent to defraud, uses such material for any other purpose; or any such original contractor who, when required, makes to the owner or proprietor of any land upon which such building or improvement is situated, a false and fraudulent list of material-men, laborers, and employes, who have furnished any material or thing, or have done any labor, or performed any service, or may be under any contract or engagement to furnish any material or thing, or to do any labor, or perform any service for such contractor, or for or on such building or improvement, must, on conviction, be fined not less than fifty dollars.

(Mar. 6, 1876, p. 165, § 23.)

6924. (4734) (3816) (4372) Same; by false representation of contract with owner of building.-Any person who, with intent to injure or defraud, obtains any material for any

False Pretenses, Cheats, Etc.

building or other improvement, or procures any labor to be done on such building or improvement, upon any false representation of or touching any contract or agreement with the owner or proprietor thereof, or of any lot or parcel of land, whereby sufficient money would be obtained to pay for such material or labor, and afterwards refuses to pay therefor, and such material or labor is lost by reason of such representation, must, on conviction, be punished as if he had stolen the same.

(Mar. 6, 1876, p. 165, § 24.)

6925. (4735) (3817) (4373) Fraudulently obtaining money or goods on credit, or bringing into state money or goods so obtained. Any person who, by false representation of his pecuniary condition, or under the false color and pretense of carrying on business, and dealing in the ordinary course of trade, obtains on credit from any person money, goods, or chattels, with the intent to defraud, or brings, or causes to be brought into this state any money, goods, or chattels so obtained in any other state, must, on conviction, be punished as if he had stolen the same; and any person violating the provisions of this section may be indicted and tried in the county in which he resides, or in any county into which he brings, or causes to be brought, any of such money, goods, or chattels.

(Feb. 14, 1885, p. 117; Feb. 9, 1877, p. 139.)

6926. (4736) (3818) Bringing into state property obtained elsewhere by false pretenses.-Any person who brings or causes to be brought into this state any money or other personal property obtained from another by any false pretense, with intent to defraud, must, on conviction, be punished as if he had stolen the same.

(Feb. 13, 1879, p. 170.)

6927. (4737) (3819) (4375) Keeping false books or accounts by officers or agents of corporation.-Any officer, agent, or servant of any private or municipal corporation, who keeps false books or accounts, or makes false entries therein, with the intent to deceive, injure, or defraud such corporation, or the officers or agents thereof, or, if a private corporation, the stockholders therein, must, on conviction, be fined not less than one hundred nor more than one thousand dollars, and may also be sentenced to hard labor for the county for not more than two years, one or both, at the discretion of the jury. (Feb. 28, 1876, p. 244, § 16; Mar. 8, 1876, p. 249, § 23.)

False Pretenses, Cheats, Etc.

6928. (4740) (3822) (2082) (1818) (1512) Fraud by partner in limited partnership.-A partner in a limited partnership who commits a fraud in the affairs of the partnership, is guilty of a misdemeanor.

6929. (4746) (3828) (4350) (3701) (155) False affidavit, etc., to defraud insurer.-Any person who, being the master, or an officer or mariner of any vessel, makes, or causes to be made, or swears to any false affidavit, or protests; or, being the owner, or other person concerned in such vessel, or in any property laden on board the same, procures any such false affidavit or protest to be made, or exhibits the same, with the intent to injure, deceive, or defraud the insurer of such vessel or property, must, on conviction, be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than one year, and may also be fined not more than two thousand dollars, at the discretion of the jury.

(Clay's Digest, p. 420, § 22.)

6930. (4747) (3829) (4351) (3703) (157) False estimate, etc., to defraud insurer.-Any person who, being the owner, or part owner, of any steamboat, vessel, or of any property laden, or pretended to be laden, on board thereof, or being concerned in the lading or fitting out of such steamboat or vessel, makes out and exhibits any false or fraudulent estimate of any property, laden or pretended to be laden, on board of such steamboat or vessel, with intent to injure, deceive, or defraud the insurer of such steamboat, vessel, or property, must, on conviction, be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than one year, and may also be fined not more than two thousand dollars, at the discretion of the jury.

(Clay's Digest, p. 420, § 21.)

6931. (4748) (3830) (4366) (3711) (165) Taking, destroying, or concealing deed to injure or defraud.-Any person who, with intent to injure or defraud, takes or destroys any will, deed, or conveyance of real or personal property, belonging to another, or receives, conceals, or aids in concealing such deed or conveyance, knowing it to have been taken with the intention to injure or defraud, must, on conviction, be punished as if he were guilty of grand larceny.

6932. (4753) (3899) (4262) Fraudulently obtaining duplicate warrant on state treasury.-Any person who fraudulently obtains from the state auditor any duplicate warrant upon the treasury of the state, must, on conviction, be punished as if he had stolen the amount specified in the warrant.

(Dec. 16, 1869, p. 22.)