CHAPTER XXI.

 

GROSS CHEATS 

 

CONTENTS

 

SECTION 1.  Gross cheats defined      

                  2.  Obtaining signature by false pretense.

3.     Using false weight or measure.

4.     Selling unwholesome provisions.

5.     Compounding or adulteratiog food, drink, or medicine.

6.     Degrees---how determined

7.     Punishment for first degree

8.     Punishment for second degree.

9.     Civil action does not exempt from criminal prosecution.

 

1.  Whoever shall designedly, by any false pretense, and with intent to defraud, obtain from another, any money, goods, or other thing of value, is guilty of a gross cheat; for example, the obtaining of money or other property from another under false pretense of being sent for the same by a friend or acquaintance of his; or obtaining money by means of a letter fabricated in the name of another.

 

2. Whoever shall, by any false pretense, and with intent to defraud, obtain the signature of any person to any written instrument, the false making whereof would be punishable as forgery, is guilty of a gross cheat; for example, by falsely reading a promissory note or other pecuniary obligation, with intent to procure the same to be signed by a person unable to read.

 

3.  Whoever, in the sale or purchase of any merchandise or other property, shall use any false weight or measure; or cheat another by the fraudulent use of any legal weight or measure; as for example, by dexterously sliding a yard stick, or by putting some other thing into a measure partly to fill the same, even though the vendee and vendor be present, is guilty of a gross cheat.

 

4.  Whoever shall knowingly sell any kind of diseased, corrupted, or unwholesome provisions for the food of man, Without making the same fully known to the buyer, is guilty of a gross cheat.

 

5.  Whoever shall knowingly compound, prepare, or adulterate any substance intended for food, drink, or medicine for man, with any ingredient or matter so as to render such food, drink, or medicine injurious to health; or knowingly procure such substance to be compounded, prepared, or adulterated, is guilty of a gross cheat.

 

6.  Gross cheats are of two degrees, and the degree is a fact to be determined in each case; and when the degree does not appear by the verdict, record, or decision, the case shall he considered in the second degree.

 

7.  Whoever is guilty of a gross cheat in the first degree, shall be punished by imprisonment at hard labor not more than five years, of by fine not exceeding five hundred dollars.

 

8.       Whoever is guilty of a gross cheat in the second degree, shall be punished by imprisonment at hard labor not mine than sixty days, or by fine not exceeding fifty dollars.

 

9.  No person shall be exempted from criminal, prosecution for gross cheating, by reason of the party cheated by having a remedy against him by civil action.