PRIEST

v.

TEXAS

Citator

Cited By

• Murray Lash v. State, 399 So. 2d 534 (Fla. 3d DCA 1981)
  …ality, that is, that false statement induced victim, is defective). . It is generally stated that to constitute a false pretense, a representation must be one of a material fact, Nelson v. United States, 227 F. 2d 21 (D.C. Cir. 1955), cert. denied, 351 U.S. 910, 76 S.Ct. 700, 100 L.Ed. 1445 (1956); 35 C.J.S. [*536] False Pretenses § 8 at 816 (1960). Implicit therein is the proposition that the representation must be materially false. Where, for example, the financial condition of a company is concededly a…
• McGANN v. United States, 261 F.2d 956 (4th Cir. 1958)
  …ct Judge in a considered written opinion. Having failed to appeal from ■that ruling, the prisoner cannot now file .an identical motion in order to obtain review by this court. Burns v. United States, 8 Cir., 1956, 229 F. 2d 87, 89, certiorari denied 351 U.S. 910, 76 S.Ct. 703, 100 L.Ed. 1445. Moreover, the appellant's contentions lack merit. He feels that he has been twice charged with the same crime :since both indictments relate to a $124,-■000 robbery at Andrews Air Force Base in the presence of the sam…
• Cardova Lawary v. United States, 599 F.2d 218 (7th Cir. 1979)
  …970), cert. denied 400 U.S. 835, 91 S.Ct. 72, 27 L.Ed.2d 68, citing McGann v. United States, 261 F. 2d 956 (4th Cir. 1958), cert. denied 359 U.S. 974, 79 S.Ct. 891, 3 L.Ed.2d 841 and Burns v. United States, 229 F. 2d 87 (8th Cir. 1956), cert. denied 351 U.S. 910, 76 S.Ct. 703, 100 L.Ed. 1445. In our case, however, Lawary’s second § 2255 motion was not dismissed on the grounds that it raised issues identical to those raised before. The issues raised before were, on the court’s own motion raised again, and th…