Odger's English Common Law

THE INDICTMENT. 373
money, he none the less intends to part with the property in it, and thus the
offence is not, according to the cases, larceny, but an obtaining by false
pretences." J The reader will also probably agree with a farther remark of
Blackburn, J., in this case :— " I cannot but lament that the law now
stands as it does. The distinction drawn between larceny and false pre-
tences, one being made a felony and the other a misdemeanour—and yet
the same punishment attached to each—seems to me, I must confess,
unmeaning and mischievous. The distinction arose in former times, and
I take it that it was then held in favour of life that in larceny the taking
must be against the will of the owner, larceny then being a capital offence.
. . . The distinction is inscrutable to my mind, but it exists in the cases."
The indictment must state the false pretence, which
operated on the mind of the prosecutor, and must state it,
with sufficient certainty to enable the prisoner to see clearly
with what he is charged. The indictment should state to
whom the false pretence was made, that it was made with
intent to defraud, that the prisoner obtained the property
thereby, and from whom he obtained it. 2
On an indictment for false pretences the prisoner cannot be
convicted of any other offence, except an attempt to commit
that crime. If the evidence shows that the crime is really
larceny by a trick and not false pretences, the prisoner is
not entitled to be acquitted ; he may still in a proper case
be convicted of false pretences. 3
Certain cases of false pretences have been dealt with by
special statutes. Thus, by the False Personation Act, 1874, 4
it is a felony punishable by penal servitude for life to falsely
personate any person, or the heir, executor or administrator,
wife, widow, next of kin or relation of any person with
intent fraudulently to obtain any real or personal property,
whether the property be actually obtained or not. This
offence is not triable at Quarter Sessions.
Personating a soldier in order to obtain his prize money,
5
&c, is a felony punishable with penal servitude for life
Personating, or procuring another to personate, a seaman in
1 lb. p. 156.
a See indictment, No. 10, in the Appendix.
-" Larceny Act, 1916, s. 44 (4). For the converse case, see s. 44 (3), ante, p. 356.
* 37 & 38 Vict. c. 36, passed in consequence of the famous Ticbborne case. As to
personating the owner of stocks and shares, see 24 & 25 Vict. c. 98. s. 3.
« The Army Prize Money Act, 1832 (2 & 3 Will. IV. c. 53), s. 49.