Legal Opinion

Burns v. State

Court of Appeals of Georgia

Decided May 11, 1917No. 8448PublishedCited by 8 opinions

Indictment for cheating and swindling; from city court of Quit-man—Judge Long. December 18, 1916. The indictment charged Burns with “the offense of cheating and swindling,” and alleged, in substance, that by false representations of his own respectability and wealth, by falsely representing to William Tremere that he, Burns, was the owner of two mules described, and that they were free from any liens or encumbrances whatsoever, he, Burns, fradulently obtained a credit from…

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Indictment for cheating and swindling; from city court of Quit-man—Judge Long. December 18, 1916. The indictment charged Burns with “the offense of cheating and swindling,” and alleged, in substance, that by false representations of his own respectability and wealth, by falsely representing to William Tremere that he, Burns, was the owner of two mules described, and that they were free from any liens or encumbrances whatsoever, he, Burns, fradulently obtained a credit from Tremere of $425, the purchase price of two described mules sold by Tremere to Burns, which were of the value of $425, and…

1Opinion of the CourtWade, C. J.

1. The court did not err in overruling the demurrer to the indictment. “If any person, [1] by false representation of his own respectability, wealth, or mercantile correspondence and connections, shall obtain a credit, and thereby defraud any person of any money or other valuable thing, [2] or shall cause or procure others to report falsely of his honesty, respectability, wealth, or mercantile character, and, by thus imposing on the credulity of any person, shall obtain a credit, and thereby fraudulently get into possession of goods or other valuable thing, he shall be deemed a cheat and…

2Cases cited3 opinions

  1. Luke v. CannonCourt of Appeals of Georgia · 1908
  2. Jeens v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1915
  3. Carter v. StateCourt of Appeals of Georgia · 1915

3Cited by8 opinions

  1. Allen v. StateCourt of Appeals of Georgia · 1944
  2. Riggins v. StateCourt of Appeals of Georgia · 1942
  3. Parker v. StateCourt of Appeals of Georgia · 1922
  4. Cox v. StateCourt of Appeals of Georgia · 1942
  5. Hause v. StateCourt of Appeals of Georgia · 1941

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