Johnson v. State
Supreme Court of Georgia
Accusation of cheating and swindling. Before Judge Hyman. City court of Sandersville. February 1, 1906. Eiehard Johnson was tried on an accusation charging him, under the provisions of the act approved August 15, 1903 (Acts 1903, p. 90), with the offense of cheating and swindling.
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Accusation of cheating and swindling. Before Judge Hyman. City court of Sandersville. February 1, 1906. Eiehard Johnson was tried on an accusation charging him, under the provisions of the act approved August 15, 1903 (Acts 1903, p. 90), with the offense of cheating and swindling. The allegations of the accusation, so far as material here, were, that the accused, on December 16, 1905, contracted “with B. E. Houghton to perform for him service as a farm laborer as cropper for the said B. E. Houghton for the year 1906, with intent then and there to procure money or other things of value…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
1. It is contended, for the plaintiff in error, that the accusation was bad for duplicity, as it alleged in the same count, “ (a) that the accused made a contract with the intent to defraud, and did by that act defraud the prosecutor; and (b) that after having made and entered into a contract with the prosecutor, he committed fraudulent acts by which the prosecutor was damaged.” We do not think the accusation open to a demurrer on the ground of "duplicity. The substance of the charge was, that the accused, with intent to defraud the prosecutor, entered into…
2Cases cited5 opinions
- Shrouder v. StateSupreme Court of Georgia · 1905
- Glenn v. StateSupreme Court of Georgia · 1905
- Barnard v. StateSupreme Court of Georgia · 1904
- Birmingham Lumber Co. v. Brinson & SonSupreme Court of Georgia · 1894
- Vinson v. StateSupreme Court of Georgia · 1905
3Cited by18 opinions
- Brooks v. Buckley & BanksSupreme Court of Pennsylvania · 1927
- Brown v. StateCourt of Appeals of Georgia · 1910
- Desverges v. MarchantCourt of Appeals of Georgia · 1916
- Park v. StateSupreme Court of Georgia · 1906
- Banton v. StateCourt of Appeals of Georgia · 1938
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