The King against B. Lara
| Jurisdiction | England & Wales |
| Judgment Date | 08 February 1795 |
| Date | 08 February 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 706
IN THE COURT OF KING'S BENCH.
1 East, 185. 3 Camp. 370.
706 THE KING V. LARA 6T.B.566. the king against B. lara. Monday, Feb. 8th, 1795. An indictment at common law charging that the defendant deceitfully intending by crafty means and devices to obtain^ possession of certain lettery tickets the property of A. pretended that he wanted to purchase them for a valuable consideration and delivered to A. a fictitious ordr,*&e. purporting to be a draft upon a tanker for the amount which he knew he had no authority to draw^ and that it would not be paid, by virtue of which he obtained possession of the tickets and defrauded the prosecutor of the value, cannot be maintained, inasmuch 'as it does not charge the defendant with having used any, false toJsen to accomplish the deceit. [1 East, 185. 3 Camp. 370.] " The indictment charged that on, &c." at, &e. one John Spicer had in his custody and possession certain-* receipts of the* cashiers of the Governor and Company of the Bank of England for the* deposit of 11. 10s. 4d. and the 2d, 3d, and 4th, payments of 21. eaffh, amounting together to the sum of 71. 10s. 4d. which had been advanced and paid unto the said cashiers by way of contribution for and in respect of each and every of 250 tickets in the lottery to be drawn by virtue and in pursuance of an Act passed in the 34th Q-eo. 3, intitled, &c.; the said receipts then and there being the property of one B. Mendez Da Costa and of large value (to wit) of the value of 21571. 10s.; that the defendant well knowing the premises and contriving and unlawfully and deceitfully intending by divers crafty means and subtle devices to obtain possession of the said receipts, and to cheat and defraud the said B. M. Da Costa of the said sum of 21571. 10s. the aforesaid value thereof, on, &c. at, &c. with force and arms unlawfully falsely fraudulently and deceitfully did pretend to the said B. M. Da Costa that he the defendant then wanted to purchase lottery tickets meaning tickets in the said lottery, and that he the defendant would purchase the aforesaid receipts for and in respect of the said several lottery tickets for a valuable consideration (to wit) at and after the rate of 191. 14s. 6d. for each of the said tickets; that the defendant afterwards, to wit on, &c. at, &c. unlawfully ^falsely fraudulently and deceitfully did pretend to the said J. Spieer that he the defendant was [566] ready immediately to pay the said sum of 21571. 10s. for the aforesaid receipt; that the defendant afterwards (to wit) on, &c. at, &c. unlawfully fraudulently and deceitfully did produce and deliver to J. Spicer a certain false feigned and fictitious order for payment of money with the name of him the said B. Lara thereto subscribed, purporting to bear date, &c. and to be directed to R. Ladbroke, &c. bankers, by the...
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