O'Neal v. State
Court of Appeals of Georgia
Indictment for misdemeanor; from city court of LaGrange— Judge Harwell. The indictment alleged, in substance, that W. R. O’Neal “did defraud and cheat Robert Hutchinson in the sum and out of thirty dollars in money of the value of thirty dollars, by using the following deceitful means and artful practice,- to wit: On said day and date said O’Neal presented to said Robert Hutchinson, assistant cashier of the LaGrange National Bank, a corporation, a check on the Third National…
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Indictment for misdemeanor; from city court of LaGrange— Judge Harwell. The indictment alleged, in substance, that W. R. O’Neal “did defraud and cheat Robert Hutchinson in the sum and out of thirty dollars in money of the value of thirty dollars, by using the following deceitful means and artful practice,- to wit: On said day and date said O’Neal presented to said Robert Hutchinson, assistant cashier of the LaGrange National Bank, a corporation, a check on the Third National Bank of Atlanta, for thirty dollars, and payable to order of said W. R. O’Neal, and purporting to be signed by W. J.…
1Opinion of the CourtHill, C. J.
1. In an indictment for the offense of cheating and swindling by obtaining money through false and fraudulent statements and representations, the ownership of the money thus obtained and the name of the person cheated and defrauded should be stated; and the proof in support of these essential allegations must be in strict conformity therewith; otherwise the variance will be fatal. 2 Bishop’s New Criminal Procedure, § 184.
2. An allegation in an indictment for cheating and swindling, that the person cheated and defrauded was Robert Hutchinson, is not supported by proof that the bank of which…
2Cited by7 opinions
- Henley v. StateCourt of Appeals of Georgia · 1939
- Scott v. StateCourt of Appeals of Georgia · 1936
- Moyers v. StateCourt of Appeals of Georgia · 1939
- Oliver v. StateCourt of Appeals of Georgia · 1914
- McElmurray v. StateCourt of Appeals of Georgia · 1948
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