State v. Robison

Maxwell, Judge:

The indictment was in two counts. By the first count, attempt was made to charge the defendant with obtaining *562$3,500.00 of G. A. Bowyer in Gilmer County by false pretenses. In the second count, it was attempted to charge the defendant with the larceny of said sum. The trial court sustained defendant’s demurrer to the first count, but overruled the demurrer to the second. A trial of the issue upon a plea of not guilty, under the second count, resulted in a verdict of guilty and a penitentiary sentence of seven years.

The initial question goes to the sufficiency of the second…