Ryan v. State
Supreme Court of Georgia
Criminal law. Practice. Before Judge Cole. Chambers. Twiggs county, 1870. Ryan was convicted in the District Court of being a common cheat and swindler. The evidence was that Ryan had borrowed $20 upon his promise to return to the lender’s place and work to repay the money, and then refused to comply with his promise or repay the money. Ryan’s counsel sued out certiorari before Judge Cole, who held that the conviction, under the facts, was right. That is assigned as error.
Read the full summary
Criminal law. Practice. Before Judge Cole. Chambers. Twiggs county, 1870. Ryan was convicted in the District Court of being a common cheat and swindler. The evidence was that Ryan had borrowed $20 upon his promise to return to the lender’s place and work to repay the money, and then refused to comply with his promise or repay the money. Ryan’s counsel sued out certiorari before Judge Cole, who held that the conviction, under the facts, was right. That is assigned as error. (When the case was called here the District Attorney was not present. An attorney stated that he had requested him to…
1Opinion of the Court
Montgomery, Judge.
The plaintiff in error in this case, represented to the prosecutor, that if he would let him have $20 he would come and work it out with him. The prosecutor let him have the money, and prisoner refused to comply with his *129contract, whereupon prosecutor indicted him for being a common cheat and swindler.
“ A pretence that a party would do an act which he did not mean to do, (as a pretence that he would pay for goods on delivery) was holden not to be a false pretence:” 2d Russell on Crimes, (5th Am. Ed.) 289. The present case comes within the principle quoted.
Judgment reversed.
2Cited by18 opinions
- Chrysler Corp. v. Wilson Plumbing Co.Court of Appeals of Georgia · 1974
- Holton v. StateSupreme Court of Georgia · 1899
- Neidlinger v. StateCourt of Appeals of Georgia · 1916
- Thorn v. StateCourt of Appeals of Georgia · 1913
- Croy v. StateCourt of Appeals of Georgia · 1974
13 more not listed; retrieve them via the Exa API.