FALSE PRETENCES. In Criminal Law. False representations and made with a fraudulent design to obtain "money, goods, wares, and merchandise," with intent to cheat. 2 Bouvier, Inst. n. 2308.
A representation of some fact or circum stance, calculated to mislead, which is not true. 19 Pick. Mass. 184.
The pretence must relate to past events. Any representation or assurance in relation to a future transaction may be a promise, or covenant, or warranty, but cannot amount to a statutory false pretence. 19 Pick. Mass. 185 ; 3 Term, 98. It must be such as to im pose upon a person of ordinary strength of mind, 3 Hawks, No. C. 620; Mass. 178; and this will doubtless be sufficient. 11 Wend. N. Y. 557. But, although it may be difficult to restrain false pretences to such as an ordinarily prudent man may avoid, yet it is not every absurd or irrational pretence which will be sufficient. See 14 111. 348 ; 17 Me. 211 ; 2 East, P1. Cr. 828; 1 Den. Cr. Cas.592; Russ. & R. 127. It is not necessary that all the pretences should be false, if one of them, per se, is sufficient to constitute the offence. 14 Wend. N. Y. 547. And al though other circumstances may have in duced the credit, or the delivery of the pro perty, yet it will be sufficient if the false pre tences had such an influence that without them the credit would not have been given or the property delivered. 11 Wend. N. Y.
557 ; 13 87 ; 14 id. 547. The false pre tences must have been used before the con tract was completed. 13 Wend. N. Y. 311; 14 id. 546.
The question is modified in the different states by the wording of the statutes, which vary from each other somewhat. It may be laid down as the general rule of the interpretation of the words "by any false pratence," which are in the statutes, that wherever a person fraudulently represents as an existing fact that which is not an existing fact, and so gets money, etc., that is an offence within the acts! See 1 Den. Cr. Cas. 559 ; 3 Carr. & K. 98.
There must be an intent to cheat or de fraud some person. Russ. & R. Cr. Cas. 317; 1 Stark. 396. This may be inferred from a false representation. 13 Wend. N. Y. 87. The intent is all that is requisite: it is not neces sary that the party defrauded should sustain any loss. 11 Wend. N. Y. 18 ; 1 Carr. & M. 516, 537 ; 4 Pick. Mass. 177. See, generally, 2 Bishop, Crim. Law, 341 et seq. ; 19 Pick. Mass. 179 ; 8 Blackf. Ind. 330 ; 10 Harr. Penn. 253 ; 24 Me. 77; 5 Ohio St. 280; 4 Barb. N. Y. 151; 7 Cox, Cr. Cas. 131; 8 id. 12.