Suggs v. State

The defendant can not mingle such noncriminal false representations, which are morally wrong but not criminal, with the criminal false representation which, if standing alone, would be cheating and swindling, and thus avoid criminal responsibility for the latter criminal act. Braxton v. State, 117 Ga. 703 (45 S. E. 64); Sanders v. State, 59 Ga. App. 754, 758 (2 S. E. 2d, 137); Lunsford v. State, 60 Ga. App. 537, 544 (4 S. E. 2d, 112). “Where there is no merger of misdemeanor in felony or felony in treason, the criminal transaction is divisible at whatever place it can be so cut that the part…