Campbell v. State
Campbell v. State
Opinion of the Court
The accused was tried and convicted upon an accusation brought under the act approved August 15, 1903 (Acts 1903, p. 90), the accusation charging that on a named day he “ did contract with W. H. Smith & Co. . . to perform services
The ground of the demurrer which attacks the accusation for the alleged failure to charge that the contract was made by the accused with intent to defraud is sufficiently answered by reference to the accusation itself; for while it is true that the exact phraseology of the act of 1903 is not followed, the requirements of that act are substantially met by the use of the words, “ with intent to procure said advances . . and not comply with said contract.” We are equally clear that the accusation was defective in failing to set out of what the alleged advances procured by the accused consisted. The offense created by the act of 1903 is the fraudulent procuring of “money, or other thing of value,” in the manner therein specified. The word “advances” may include money or chattels, or both. It was the right of the accused to be specifically informed of the nature of the offense with which he was charged; and a general allegation that he obtained “advances ” was entirely too vague and indefinite. The court erred in not sustaining the demurrer.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.