Summary
holding the fact finder must first determine whether a road is public by way of prescription before determining whether the defendant is guilty of obstructing a public highway
Summary of this case from State v. HerzigOpinion
01-03-1902
STATE v. WHITE.
Herbert H. Ward, Atty. Gen., and Robert H. Richards, Dep. Atty. Gen., for the State. Alexander B. Cooper and John H. Rodney, for defendant.
Henry M. White was convicted of obtaining money by false pretenses. Motion to quash the indictment. Denied.
The indictment was as follows:
"November Term, 1901.
"New Castle County—ss.:
"The Grand Inquest of the State of Delaware, and the body of New Castle County, on their oath and affirmation respectively, do present:
"That Henry M. White, late of New Castle Hundred, in the County aforesaid, on the twenty-first day of March, in the year of our Lord one thousand eight hundred and ninety-nine, with force and arms, at Wilmington Hundred, in the County aforesaid, designing and intending to cheat and defraud a certain Horace G. Rettew, the said Horace G. Rettew then and there being the Receiver of Taxes and County Treasurer of the County of New Castle aforesaid, of certain money, goods, chattels and property, unlawfully, knowingly and designedly did then and there falsely pretend to a certain George D. Kolley, the said George D. Kelley then and there being the County Comptroller for the County of New Castle aforesaid, that a certain Henry A. Enos, commonly known as Harry Enos, of the County of New Castle aforesaid, had done, performed and furnished certain work and labor for the said County of New Castle to the value of sixty-two dollars and twenty-five cents, the which false pretence was embodied in a certain false and pretended bill, whereas, in truth and in fact, the said Henry A. Enos had not then and there done, performed, and furnished the said certain work and labor as so falsely pretended as aforesaid, which said bill was then and there in the following words and figures, to wit:
Wilmington, Del., Mar. 21st, 1899
Levy Court, New Castle County,
To Harry Enos or Barer Dr.
Fourth District.
To work for County $62.25
Rec Pay
H. M. White L. C. C. —Which said false and pretended bill the said Henry M. White then and there further falsely pretended to the said George D. Kelley, the said County Comptroller for the said county of New Castle, had been duly rendered by the said Henry A. Enos in and by the name of Harry Enos or bearer, whereas, in truth and in fact the said bill had not been so rendered by the said Henry A. Enos, and which said bill, in furtherance of the said false pretence and pretences and of the said design and intention of the said Henry M. White to cheat and defraud the said Horace G. Rettew, the Receiver of Taxes and County Treasurer of said County as aforesaid, was then and there made by him, the said Henry M. White, and then and there, in furtherance of said false pretence and pretences and of said design and intention so to cheat and defraud as aforesaid, the said bill was by him, the said Henry M. White, presented to thesaid George D. Kelley, said County Comptroller for New Castle County, for the approval of him, the said George D. Kelley, said County Comptroller, the said Henry M. White then and there and thereby further falsely pretending to the said George D. Kelley, County Comptroller as aforesaid, that the said Henry A. Enos was entitled to receive pay for the work and labor so falsely pretended to have been done, performed and furnished as aforesaid as falsely so shown as aforesaid, whereas, in truth and in fact the said Henry A. Enos was not then and there entitled to receive pay for the said work and labor so falsely pretended to have been done, performed and furnished as aforesaid, and which said bill was then and there, by color, means and force of the said false pretence and pretences of him, the said Henry M. White, approved by the said George D. Kelley, County Comptroller as aforesaid, by imprinting and writing upon the face of said bill his official certification to the correctness thereof in manner and form and in the words and figures as follows:
CORRECT
MAR 21 1899
G. D. KELLEY
COMPTROLLER
—As he, the said Henry M. White, then and there well knew, and which said pretence and pretences the said Henry M. White then and there knew to be false, and which said bill now bears the imprint of a stamp containing the following words and figures, to wit:
LEVY COURT, NEW CASTLE CO. DEL.
MAR 21 1899
APPROVED
—By color, force and means of which said false pretence and pretences he, the said Henry M. White, did then and there unlawfully, knowingly and designedly secure, obtain and cause to be made and drawn, in further pursuance of said false pretence and pretences and of said design and intention of the said Henry M. White so to cheat and defraud as aforesaid, a certain warrant bearing date the twenty-first day of March A. D., one thousand eight hundred and ninety-nine, directed to the Receiver of Taxes and County Treasurer for said New Castle County, being the said Horace G. Rettew, and commanding him, the said Receiver of Taxes and County Treasurer, being him the said Horace G. Rettew, to pay to the order of Harry Enos or bearer the sum of sixty-two dollars and twenty-five cents, the which said certain warrant was signed by William A. Scott by the style of W. A. Scott, as president of the Levy Court of said New Castle County, and countersigned by the said George D. Kelley by the style of G. D. Kelley, as County Comptroller for said New Castle County, and the which County warrant was then and there in the following words and figures, to wit:
Wilmington, Del., Mar 21 1899 189 No. 18893 Receiver of Taxes and County Treasurer, New Castle County, Delaware.
Pay to the order of Harry Enos or Bearer Sixty-two 25/ . . . ..Dollars, $62.25 and charge to appropriation for . . . . . . . . . . . .4th Dist . . . . . . . . Countersigned
G. D. Kelley Comptroller.
W. A. Scott President Levy Court, New Castle County. —Which said certain warrant the said Henry M. White then and there, in further pursuance of the said false pretence and pretences and of the said design and intention of said Henry M. White to so cheat and defraud the said Horace G. Rettew, Receiver of Taxes and County Treasurer as aforesaid, received into the possession of him, the said Henry M. White; and the said Henry M. White having so as aforesaid unlawfully, knowingly and designedly secured and obtained and caused to be drawn the said certain warrant, and having so as aforesaid received the same into the possession of him, the said Henry M. White, in further pursuance of said false pretence and pretences and of the said design and intention of said Henry M. White so to cheat and defraud the said Horace G Rettew, Receiver of Taxes and County Treasurer as aforesaid, then and there did endorse the said certain warrant with the name of him, the said Henry M. White, under the style of H. M. White; and in further pursuance of the said false pretence and pretences and of the design and intention of the said Henry M. White so to cheat and defraud the said Horace G. Rettew, Receiver of Taxes and County Treasurer as aforesaid he, the said Henry M. White, then and there did cause and procure the said certain warrant then and there to be paid and cashed out of the funds, cash and monies then and there the property and in the possession and control of him, the said Horace G. Rettew, the said Receiver of Taxes and County Treasurer; and in further pursuance of said false pretence and pretences and said intent so to cheat and defraud him, the said Horace G. Rettew, the said Receiver of Taxes and County Treasurer, the said Henry M. White did then and there receive into his possession the cash and money, being the proceeds of the said warrant, and did then and there convert the sum of fifty-four dollars and seventy-five cents, being part and parcel of the said proceeds of said warrant to his own use; and then and there well knowing tire said pretence and pretences to be false, he, the said Henry M. White, by force, color and means of the said false pretence and pretences, and by force and virtue of the premises, did then andthere unlawfully, knowingly and designedly obtain from the said Horace G. Rettew, Receiver of Taxes and County Treasurer for said New Castle County as aforesaid, sundry coins, the kind and denomination of which are, to the Grand Inquest, unknown, of the aggregate value of fifty-four dollars and seventy-five cents, lawful money of the United States of America, and certain paper money, the kind and denomination of which are, to the said Grand Inquest, unknown, of the aggregate value of fifty-four dollars and seventy-five cents, like lawful money as aforesaid, of the money, goods, chattels and property of the said Horace G. Rettew, Receiver of Taxes and County Treasurer as aforesaid, which said money, goods, chattels and property the said Henry M. White then and there as aforesaid obtained unlawfully, knowingly and designedly from the said Horace G. Rettew, the said Receiver of Taxes and County Treasurer for said County, with intent then and there, and by means of the premises, to cheat and defraud the said Horace G. Rettew, Receiver of Taxes and County Treasurer of said County, to the great damage of the said Horace G. Rettew, said Receiver of Taxes and County Treasurer for said New Castle County, against the form of an Act of the General Assembly in such case made and provided, and against the peace and dignity of the State. Herbert H. Ward,
"Attorney General. "By Robt. H. Richards, "Deputy Attorney General."
Counsel for defendant moved to quash the Indictment on the ground that the statute did not apply to or include offenses against a county government or quasi corporation.
Argued before LORE, C. J., and SPRUANCE and GRUBB, JJ.
Herbert H. Ward, Atty. Gen., and Robert H. Richards, Dep. Atty. Gen., for the State.
Alexander B. Cooper and John H. Rodney, for defendant.
LORE, C J. After listening to the able arguments made by counsel on both sides in this case, we see no reason for quashing this indictment, and therefore refuse to quash it.