Supreme Court of Missouri, 1894

State v. Petty

Supreme Court of Missouri · Decided January 31, 1894 · Sheewood

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

Cases that cite this one

5 later published cases cite this decision.

State v. Shaw (Mo. 1993)
State v. Saveraid (Mo. Ct. App. 1979)
State v. Mullins. (Mo. 1922)
State v. Young (Mo. 1916)
Horton v. State (Ohio 1911)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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

*426Here 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-law data current through December 31, 2025. Source: CourtListener bulk data.