Green v. State

Citations

• 76 Fla. 351
• 79 So. 712

Syllabus

<p>1. The information alleges that the accused falsely represented- to Florence Gaskin that he had money in a bank and that because of that representation she gave him a note and mortgage on certain real estate belonging to her. The information contains no allegation that the accused offered or promised to give her any of the money in the bank or that he offered to give her a check; or that she was deceived, nor is there anything in the information to show that she was deceived. There is no allegation that but for the false representation she would not have parted with the note and mortgage, or ’ that she was induced by any false pretenses of the occused to give him the note and mortgage. Held, that these are essential elements of the offense which must be made to appear in the information, and cannot be left to inference or conjecture, and can be reached by motion in arrest of judgment.</p> <p>2. In a prosecution for obtaining property under false pretenses, the information must show a material relation between the alleged false statement hy the defendant and the delivery to him of the property he is charged with having obtained, or must show hy its allegations how and why the false statement induced the person to part with property of value.</p>