Smith v. State

Citations

• 55 Miss. 513

Syllabus

<p>1. Criminal Law. Obtaining goods under false pretenses. Case in judgment.</p> <p>S. was convicted of obtaining goods under false pretenses. The pretenses were specifically charged, and the facts proved were as follows:. On August 8, 1876, S. opened accounts with three different merchants in M., purchasing from one of them $77.85, and from the others smaller amounts. Pour days afterwards he applied, in the town of B., to B. S. & Co., the prosecutors, for credit. He stated to them that he was not trading with, or purchasing supplies from, any other merchant, and that he owed no debts except a small one to them, and $20 in T. Upon the faith of these statements B. S. & Co. opened an account with and sold him, at first, seventy-five dollars’ worth of goods. In a few weeks he had increased his indebtedness to them to $150. On each occasion of pur chasing he was questioned as to the matters stated at the time of opening his account, and every time he affirmed what he had said then. But during this time he was buying goods in M., so that in six weeks he bought goods to the amount of $600 in B. and M. Within six months after his last purchase he went into voluntary bankruptcy, and paid none of his creditors. Held, that these facts authorized a verdict of guilty.</p> <p>2. Same. Practice. Setting aside juror after being accepted.</p> <p>A verdict of guilty on an indictment will not be set aside in this court because, on the trial, the court, after declaring á juror competent, and after he had. been accepted by the defendant, reexamined and discharged him, where by the second examination it was disclosed that he was a near’ neighbor of the accused, and under strong personal and pecuniary obligations to him, although the juror stated that he had not formed or expressed any opinion as to the guilt or innocence of the accused.</p> <p>3. Same. False pretenses. Evidence.</p> <p>In the trial of one accused of obtaining goods under false pretenses, in representing to a certain mer