Legal Opinion

Thomas v. State

Supreme Court of Georgia

Decided July 27, 1906PublishedCited by 2 opinions

Accusation of being a common cheat and swindler. Before Judge Little. City court of Sparta. June 4, 1906. The accusation alleged, that the accused approached McCook and importuned him to sell him certain described furniture, representing to McCook that he (the accused) had made arrangement with Thornton whereby Thornton would furnish to the accused five dollars with which he would make the first payment to McCook on the furniture; that on the faith of this statement McCook…

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Accusation of being a common cheat and swindler. Before Judge Little. City court of Sparta. June 4, 1906. The accusation alleged, that the accused approached McCook and importuned him to sell him certain described furniture, representing to McCook that he (the accused) had made arrangement with Thornton whereby Thornton would furnish to the accused five dollars with which he would make the first payment to McCook on the furniture; that on the faith of this statement McCook sold the furniture to the accused for $12.25, of which $5 was to be paid on December 23, 1905, and the balance was to be…

1Opinion of the CourtEvans, J.

1. Under an accusation of being a common cheat and swindler, where the evidence supports the allegations therein, and the person alleged to have been defrauded is shown to have parted with his property upon the false. representation of a fact, and has sustained loss and injury, a verdict finding the defendant guilty is not without evidence to support it.

2. An exception that the court failed to charge a certain proposition is without merit, where it appears that no request to so charge was made, and where the general charge covered the substantial issues of the case.

Judgment affirmed.

All the…

2Cited by2 opinions

  1. Gilmore v. StateCourt of Appeals of Georgia · 1967
  2. Morgan v. StateCourt of Appeals of Georgia · 1969

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