Legal Opinion

McCoy v. State

Supreme Court of Georgia

Decided November 13, 1905PublishedCited by 13 opinions

Accusation of cheating and swindling. Before Judge Carter. City court of Baxley. September 1, 1905. Lawrence McCoy was convicted, in the city court of Baxley, of being a common cheat and swindler, under an accusation based upon the act of the General Assembly of August 15, 1903 (Acts 1903, p. 90). His motion for a new trial being overruled, he excepted.

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Accusation of cheating and swindling. Before Judge Carter. City court of Baxley. September 1, 1905. Lawrence McCoy was convicted, in the city court of Baxley, of being a common cheat and swindler, under an accusation based upon the act of the General Assembly of August 15, 1903 (Acts 1903, p. 90). His motion for a new trial being overruled, he excepted. The accusation charged that the accused, on December 1, 1903, in the-county of Appling, contracted with the prosecutor to work for him as a laborer, with intent to procure money from'him and not to perform such service, and thereby procured…

1Opinion of the Court

Fish, 0. J.

1. Counsel for the State moved to dismiss the writ -of error, on the ground that the plaintiff in error had not paid the costs, nor, in lieu thereof, made an affidavit in accordance with the statute. There is an affidavit by the plaintiff in error, properly ■entitled, attached to the bill of exceptions, in which the affiant makes oath “that he is, because of his poverty, unable to pay the cost in •said case.” This affidavit fully complies with the requirements of the statute. Counsel for the State relied on DeLoach v. Richards, 94 Ga. 730, but the ruling there made is not in…

2Cases cited4 opinions

  1. State v. PalmerSupreme Court of Kansas · 1889
  2. Adams v. PeopleSupreme Court of Colorado · 1898
  3. Webb v. StateSupreme Court of Georgia · 1909
  4. Barnes v. StateSupreme Court of Georgia · 1898

3Cited by13 opinions

  1. Ferguson v. GeorgiaSupreme Court of the United States · 1961
  2. Trussell v. StateSupreme Court of Georgia · 1935
  3. Kemp v. StateCourt of Appeals of Georgia · 1939
  4. Barbour v. StateCourt of Appeals of Georgia · 1941
  5. Singleton v. StateCourt of Appeals of Georgia · 1914

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