Berry v. State
Supreme Court of Georgia
Indictment for cheating and swindling. Before Judge "Willis. City court of Columbus. April term, 1895. The indictment charged, that on May 20, 1892, Berry falsely and fraudulently represented to Brannon & "Wynn, that he was a farmer farming in Chattahoochee county, and was then and there the landlord of Ed.
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Indictment for cheating and swindling. Before Judge "Willis. City court of Columbus. April term, 1895. The indictment charged, that on May 20, 1892, Berry falsely and fraudulently represented to Brannon & "Wynn, that he was a farmer farming in Chattahoochee county, and was then and there the landlord of Ed. Perry, his tenant on his said farm in said county, and that if they would lend and advance to him (Berry) $12.50 for the use and benefit of his said tenant Perry, to make and cultivate his crop growing on said farm, he (Berry) would waive and renounce, and did waive and renounce as…
1Opinion of the CourtSimmons, C. J.
1. It being essential to tbe legality of a conviction for cheating and swindling, alleged to have been accomplished in part by false and fraudulent representations, that such representations should both deceive and injure the person alleged to have been thereby defrauded, a request to charge to this effect, when authorized by the evidence, should be given.
2. The main representation alleged to have been falsely and fraudulently made, and by means of which the alleged cheating and swindling was effectuated, being in substance that the accused was the owner in his own right of certain land; and…
2Cited by3 opinions
- Berry v. StateSupreme Court of Georgia · 1922
- Busby v. StateSupreme Court of Georgia · 1904
- Ganey v. StateCourt of Appeals of Georgia · 1912