State v. Faggard

Citations

• 25 N.M. 76
• 177 P. 748

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1.A crime must be prosecuted in the jurisdiction where it is committed, and a prosecution for criminal false pretenses must be had in the county, district, or state where the offense was consummated by the obtaining of the property, even though the inducing pretenses were made elsewhere, and the consummation by delivery of the property was effected through the instrumentality of an innocent agent, without the personal presence of the principal. P. 79</p> <p>2. An indictment for securing money by false pretense is fatally defective, where it is alleged that the means employed were certain bogus bills of sale and a mortgage attached to a draft drawn on the defrauded party, but which fails to show that said draft was ever honored by such party, and money paid by such party on the faith of such representation.</p> <p>P. 79</p> <p>3. An indictment for obtaining property or money by false pretense must allege, directly and distinctly, the ownership of the property obtained. P. 80</p>