Tatum v. State
Supreme Court of Georgia
Criminal Law. Cheating and Swindling. Before Judge Knight. Milton Superior Court. August Term, 1876. Tatum was charged with the offense of cheating and swindling, in this, that he induced one David Webb to exchange a mouse-colored mule, worth $125.00, for a blind black untie belonging to him, Tatum, which was worthless, by falsely representing that his black mule was sound in body, and his eyes good.
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Criminal Law. Cheating and Swindling. Before Judge Knight. Milton Superior Court. August Term, 1876. Tatum was charged with the offense of cheating and swindling, in this, that he induced one David Webb to exchange a mouse-colored mule, worth $125.00, for a blind black untie belonging to him, Tatum, which was worthless, by falsely representing that his black mule was sound in body, and his eyes good. The defendant demurred to the indictment because the facts alleged do not constitute such deceitful means and artful practices as make the defendant a common cheat and swindler under §4595 of the…
1Opinion of the Court
Bleckley, Judge.
1. Dead eyes that look alive are not false tokens, perhaps, and yet they may deceive as effectually as a skilfully executed work of art. They are a sort of counterfeit made by nature, and when offered in trade, with a representation of soundness, are apt to be accepted for what they appear to be. They were so accepted in the present case. The evidence shows they were perfect in appearance, and not to be distinguished by inspection from sound eyes. When the owner had passed his word that the animal was sound, there was no obligation upon the person dealing with him to resort to…
2Cited by3 opinions
- Ryan v. StateSupreme Court of Georgia · 1898
- Bryan v. StateCourt of Appeals of Georgia · 1907
- Jones v. StateSupreme Court of Georgia · 1896