Legal Opinion

Redwine v. State

Court of Appeals of Georgia

Decided January 28, 1916No. 7026PublishedCited by 2 opinions

Accusation of cheating and swindling; from city court of New-nan — Judge Post. October 26, 1915.

1Opinion of the CourtRussell, C. J.

The paramount, ever-cssential element of the offense of cheating and swindling, as defined by the “labor-contract act” of 1903 (Penal Code, § 715), is the intent to defraud, which must be proved to be coexistent with the contract. Patterson v. State, 1 Ga. App. 782 (58 S. E. 284). Ordinarily, proof of the intent entertained by a person at a particular time can only be made by circumstantial evidence. Where, from the circumstances illustrating the intent, there are two equally reasonable theories, the one consistent with innocence, and the other supporting the inference of guilt, the law…

2Cases cited1 opinion

  1. Patterson v. StateCourt of Appeals of Georgia · 1907

3Cited by2 opinions

  1. Roberson v. StateCourt of Appeals of Georgia · 1978
  2. Smith v. StateCourt of Appeals of Georgia · 1921

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