Legal Opinion

French v. State

Court of Appeals of Georgia

Decided June 18, 1908No. 1205PublishedCited by 6 opinions

Accusation of cheating and swindling, from city court of Fitzgerald — Judge Jay. April 24, 1908.

1Opinion of the CourtPowell, J.

Under the Penal Code, § 669, “Any person who shall, in the sale or disposing of any property, either real or personal, defraud another by falsely representing that such property is not subject to any lien,' knowing the same to be subject thereto, . . shall be punished as for misdemeanor.” Where the State shows that the defendant knowingly sold the prosecutor a parcel of real estate upon which a binding common-law execution had been levied, and expressly informed him that there was no lien thereon, a conviction may be sustained, although the prosecutor has not paid off the execution. The…

2Cited by6 opinions

  1. Nipper v. Griffin Mercantile Co.Court of Appeals of Georgia · 1923
  2. Jacobs v. StateCourt of Appeals of Georgia · 1908
  3. Tribble v. StateCourt of Appeals of Georgia · 1925
  4. Bolton v. StateCourt of Appeals of Georgia · 1931
  5. Courson v. StateCourt of Appeals of Georgia · 1930

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