Commonwealth v. Schmunk

Citations

• 22 Pa. Super. 348
• 1903 Pa. Super. LEXIS 217

Syllabus

<p>Criminal law—False pretense — Jurisdiction—Act of March 81, 1860, sec. Ill, P. L. 382.</p> <p>In order to bring a case within the statute making it a misdemeanor to obtain goods under false pretense, the following things are alone requisite; (1) a false pretense; (2) an obtaining property by it; (3) an intent to defraud ; and the correct way to determine whether any particular case falls within it, is, not to consider each of these things separately, but to look at them altogether; for no case is within the statute unless all of them coexist in it.</p> <p>“ To obtain from another any chattel or valuable security with intent to cheat and defraud any person of the same,” within the meaning of the statute, means and refers to the final step in the succession of rights and events by which the defendant gets, secures and obtains the chattel, money, or valuable security so as to complete the offense and consummate his purpose.</p> <p>Where á person in Pennsylvania in order to establish a financial credit and commercial rating makes statements in writing which he transmits by regular mail service to a company in New York city, and the company relying upon his statement accepts his order for goods, and delivers them to a common carrier for shipment to the person ordering the goods, who receives them at their destination in Pennsylvania, the person sending the order may be convicted of obtaining goods under false pretense.</p>