Legal Opinion

Foster v. State

Supreme Court of Georgia

Decided February 7, 1903PublishedCited by 4 opinions

Accusation of simple larceny. Before Judge Hammond. City •court of Griffin: December 16, 1902.

1Opinion of the Court

:Simmons, C. J.

Where one by false representations induces another to sell him certain personal property on credit, and the sale is completed by delivery and is unconditional, the intention being that the title should pass, there is is no larceny. Kellogg v. State, 26 Ohio St. 16 ; Harris v. State, 81 Ga. 758 ; Clark’s Cr. L. (2d ed.) 290 ; 2 Clark & Marsh. Cr. §318.

Judgment reversed.

By five Justices.

2Cases cited1 opinion

  1. Harris v. StateSupreme Court of Georgia · 1888

3Cited by4 opinions

  1. Thompson v. StateCourt of Appeals of Georgia · 1942
  2. Welch v. StateSupreme Court of Georgia · 1906
  3. Lee v. StateCourt of Appeals of Georgia · 1927
  4. Thomas v. StateCourt of Appeals of Georgia · 1940