Legal Opinion
McElmurray v. State
Court of Appeals of Georgia
Decided March 12, 1948No. 31787PublishedCited by 4 opinions
1Opinion of the CourtMacIntyre, P. J.
In ground one of his demurrer the defendant contends that the indictment is defective in that it fails to allege ownership of the funds and money paid the defendant by the prosecutor, the person alleged to have been defrauded.
It seems to us that the unquestioned rule in a case of cheating and swindling is that an indictment charging the defendant with obtaining money or other property by means of false pretenses must correctly state the ownership in some person of such money or other property alleged to have been so obtained.
In O’Neal v. State, 10 Ga. App. 474 (1) (73 S. E. 696), it is said:…
2Cases cited20 opinions
- Studstill v. StateSupreme Court of Georgia · 1849
- Berry v. StateSupreme Court of Georgia · 1922
- O'Brien v. StateSupreme Court of Georgia · 1900
- Green v. StateSupreme Court of Georgia · 1900
- Goddard v. StateCourt of Appeals of Georgia · 1907
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3Cited by4 opinions
- Tucker v. StateCourt of Appeals of Georgia · 1998
- Allen v. StateCourt of Appeals of Georgia · 1964
- Cohen v. StateCourt of Appeals of Georgia · 1960
- Norman v. StateCourt of Appeals of Georgia · 1962