Connor v. State

Citations

• 29 Fla. 455

Syllabus

<p>1. The receipt or obtaining of property obtained under false pretences, is the consummation of the offense, and when the pretences; are made in one jurisdiction and the property is obtained by the offender in another jurisdiction, the prosecution can be instituted only in the latter jurisdiction, unless there is a valid statute permitting it elsewhere.</p> <p>2. An allegation that the party defrauded “ then and there by reason of said false pretences ” (they having been previously set forth in the information) “ of the said defendants, and fully relying upon and believing in the truth thereof, were then and there induced to part with their ownership of and in said thirty-two hundred dollars to the said ” defendants, “and did then and there part with their ownership in said thirty-two hundred dollars to said defendants,” is not tantamount to an allegation that the defendants obtained the money.</p> <p>8. An allegation that the defendants “ obtained” by false pretences, previously described, certain money but not indicating where they obtained it; and one. that the party defrauded then and there relying upon the pretences and believing in them truth were then and there induced to part with their ownership of and in the money, and did then and there part with their ownership in the same to the defendants, do not show where the money was obtained by defendants, or that it was obtained in the county or jurisdiction where the pretences were, as previously alleged, made.</p> <p>4. An information charging the crime of obtaining property under false pretences is uncertain as to the venue, or jurisdictional locality of the offense, where, having previously named two or more places, it simply uses the word “there ” (in the expression “ then and there ”) in charging the obtaining of the property ; and it is consequently insufficient and should be quashed.</p> <p>5. An information for obtaining property under false pretences, which, by reason of its uncertainty, does not make