Winnett v. State
Ohio Circuit Court
18 Ohio C.C. 515 (1899)
- Written by Sharon Feldman, JD
Facts
Albert Winnett (defendant) asked Calvin Swartz to sign promissory notes that he could show to a friend to demonstrate good standing in the community. Winnett represented that he did not want the notes for any other purpose and that he would keep the notes in his possession and then destroy them. Swartz signed a promissory note for $200. Winnett was indicted for larceny for obtaining Swartz’s signature to a promissory note by false pretenses. The indictment alleged that Winnett did not want the note to show his friend he had good standing in the community but for the purpose of raising money on the note and that he did not intend to keep the note in his possession or destroy it. Winnett was convicted and argued on appeal that the court should have granted his demurrer to the indictment.
Rule of Law
Issue
Holding and Reasoning (Voorhees, J.)
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