State v. Haines

Citations

• 23 S.C. 170
• 1885 S.C. LEXIS 88

Syllabus

<p>1. A point not ruled upon in the court below is not properly before this court for review.</p> <p>2. An indictment for obtaining goods under false pretences should charge that the defendant made the false pretences, at the time knowing them to be false; except, it may be, in cases where the very nature of the misrepresentation implies that the party who made it must have known it to be false.</p> <p>3. A false pretence is such a fraudulent representation of an existing or past fact, by one who knows it not to be true, as is adapted to induce the person to whom it is made to part with something of value. A mere promise to do something in the future, as, for example, to pay for goods at a future time, even if false, is not such a pretence as would come within the terms of the statute.</p> <p>4. A person obtaining advances from a factor under a statement that he is then planting cotton, and under a promise to ship his cotton, when made, to such factor, cannot be convicted of obtaining goods under false pretences, unless he was not at that time planting cotton.</p> <p>5. An indictment that charges defendant with obtaining goods from the prosecutor under the false pretence that he was then engaged in planting cotton, and would ship his cotton when made to the prosecutor, alleges only one false pretence.</p>