
    The State v. Petty, Appellant.
    
    Division Two,
    January 31, 1894.
    Criminal Law: false pretenses. Obtaining money by falsely promising to ship, to the person from whom it was obtained, some merchandise does not constitute obtaining money by false pretenses.
    
      Appeal from Monies Circuit Court. — Hon. D.W. Shaoklepoed, Judge.
    Reveesed.
    
      J. W. Zevely for appellant.
    
      JR. F. Walher, Attorney General and Morton Jourdan, Assistant Attorney General, for the state.
    It is conceded that the indictment is insufficient. State v. JEvers, 49 Mo. 543; State v. BeLay, 93 Mo. 98; State v. Kingsley, 108 Mo. 135.
   Sheewood, J.

In order to constitute the crime of obtaining money or property by false pretenses, it is requisite that the false pretense should be either of a past event, or of some fact having a present existence, and it can not consist of a promise to do something or of some event to happen in the future. State v. Evers, 49 Mo. 542; State v. DeLay, 93 Mo. 98; State v. Kingsley, 108 Mo. 135

Here the alleged false pretense by which defendant obtained the $10 from Meltabarger, was that he would ship Meltabarger a large quantity of goods and wares. Under the cases cited, the indictment alleges no offense,- and as the evidence preserved shows that the charge in the indictment is in accordance with the facts, we reverse the judgment and discharge the defendant.

All concur.  