Roberts v. State

Marshall, Judge.

Appellant was charged on a two-count indictment with false swearing (Ga. L. 1968, pp. 1249, 1310 (Code Ann. § 26-2402)) and theft by deception (Ga. L. 1968, pp. 1249, 1290 (Code Ann. § 26-1803 (a)). The indictment was based on a business transaction wherein appellant contracted to sell his nightclub to one Mitchell for $20,000. Mitchell paid $10,000 down and began operating the club, but the sale was never completed because appellant failed to appear for the closing. Mitchell’s $10,000 was not returned to him and the club was taken over by a mortgagee. The jury found appellant…