Banton v. State

The Code, §§ 26-7408, 26-7409, makes it a misdemeanor to fraudulently procure money on a contract for services. The purpose of this law “is not to enforce the contract to perform services, but to punish the fraudulent procurement of money, or other thing of value under the contract.” Brown v. State, 8 Ga. App. 211 (68 S. E. 865). “Because of the nature of this law, and lest it be abused, the courts have been strict in requiring the State to allege and prove those things which, under the statute, are necessary for a conviction.” Winters v. State, 32 Ga. App. 56 (122 S. E. 635). To make a prima…