State v. Luff

Citations

• 24 Del. 152
• 1 Boyce 152
• 74 A. 1079
• 1910 Del. LEXIS 12

Syllabus

<p>Attempt by False Pretense—Insurance Against Burglary—Proof of Loss—Pretense that Property Insured had been Stolen— Evidence.</p> <p>1. A false pretense is such a fraudulent representation of a fact, past or existing, by a person who knew it to be untrue as is adapted to induce the person, to whom it is made, to part with something of value.</p> <p>2. In a prosecution for an attempt to obtain money by false pretenses it is incumbent on the State to prove, beyond a reasonable doubt, that the accused knowingly made the false • pretenses with which he may be charged, with the intent to cheat and defraud.</p> <p>3. The gist of the charge of an attempt to obtain money by false pretenses, is the intent to deceive and defraud the person to whom the false pretenses were knowingly made.</p> <p>4. The intent to cheat and defraud is a material element in the crime of false pretense, and it must be proved. It may be proved by direct or circumstantial evidence.</p> <p>5. When the evidence is circumstantial, the iury must be fully satisfied, not only that those circumstances are consistent with the prisoners’ having committed the act charged as constituting the crime, but they must also be satisfied that the facts are such as to be inconsistent with any other rational conclusion.</p> <p>6. It is incumbent upon the State to prove every material element of the crime charged, beyond a reasonable doubt.</p> <p>7. ' An accused is presumed to be innocent until his guilt is clearly established.</p> <p>8. Reasonable doubt defined.</p>