Miller v. State
Supreme Court of Georgia
Accusation, of cheating and swindling. Before Judge Berry. Oriminal court of Atlanta. March term, 1896. The accusation charged that on December 21, 1895, by deceitful means and artful practices Miller cheated and defrauded J. "W. Bobbins cut of one cow of the value of $20, and $10 in money, in the following way: In order to induce Bobbins to buy defendant’s cow, defendant represented to Bobbins that his cow would give three gallons of milk a day and was all right in every…
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Accusation, of cheating and swindling. Before Judge Berry. Oriminal court of Atlanta. March term, 1896. The accusation charged that on December 21, 1895, by deceitful means and artful practices Miller cheated and defrauded J. "W. Bobbins cut of one cow of the value of $20, and $10 in money, in the following way: In order to induce Bobbins to buy defendant’s cow, defendant represented to Bobbins that his cow would give three gallons of milk a day and was all right in every respect. Believing this representation to be true, Bobbins was induced thereby to buy the cow and did buy her, and paid…
1Opinion of the CourtLumpkin, J.
1. The offense of being a common cheat and swindler is not committed by making false and fraudulent representations for the purpose of inducing another to contract, -and by means of which the latter is defrauded, when such representations, whether in the form of a promise or in any other form, are mere statements of what the person who makes them deems the future will bring forth. -To -be the basis of a prosecution for-this offense, the false representations must relate either to the-past or to the present. 2 Bish. New Crim. Law, §240; 2 Russ. Cr. (6th ed.) 511 et seq.; 7 Am. & Eng. Enc. of…
2Cases cited3 opinions
- Ryan v. StateSupreme Court of Georgia · 1872
- Ratteree v. StateSupreme Court of Georgia · 1886
- Parks v. StateSupreme Court of Georgia · 1894
3Cited by6 opinions
- Holton v. StateSupreme Court of Georgia · 1899
- Neidlinger v. StateCourt of Appeals of Georgia · 1916
- Croy v. StateCourt of Appeals of Georgia · 1974
- Vaughan v. StateCourt of Appeals of Georgia · 1927
- Gilligan v. StateCourt of Appeals of Georgia · 1941
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