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49. But on principle it may be questioned whether a correct view of the nature of the defendant's act was taken. It is well settled that no entry occurs unless the instrument is intended for the purpose of taking property, or committing some ulterior felony. Rex v. Hughes, i Leach, 406; Regina v. O^Brien, 4 Cox C. C. 398; 2 Bish. Cr. L., 7th ed., § 93. In this case the instrument was intended only to effect an opening, and not to secure the goods, the force of gravity being relied upon to put t...he grain in the defendant's possession. Whether the auger passed within or not was a matter of indifference to him. It seems, then, that there was not a sufficient break- ing to constitute an entry within the technical meaning of that term. Criminal Law — False Pretences. — Held, that a conviction for obtaining monev by false pretences is valid if the pretences did in fact deceive, even though they woula not have deceived an ordinarv man, or could have been guarded against by ordinary care.
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