Mack v. State
Court of Appeals of Georgia
Accusation of cheating and swindling; from city court of Louisville — Judge Phillips. March 12, 1915. 1. The grounds of the motion to dismiss the writ of error were: (1) that the record shows that the motion for a new trial had been overruled before the amended motion, the charge of the court, and the brief of evidence had been approved by the court or filed in office; (2) that the trial judge, in his certificate to the bill of exceptions, does not certify that the bill of…
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Accusation of cheating and swindling; from city court of Louisville — Judge Phillips. March 12, 1915. 1. The grounds of the motion to dismiss the writ of error were: (1) that the record shows that the motion for a new trial had been overruled before the amended motion, the charge of the court, and the brief of evidence had been approved by the court or filed in office; (2) that the trial judge, in his certificate to the bill of exceptions, does not certify that the bill of exceptions contains or specifies the evidence material to a clear understanding of the errors complained of. 2. The…
1Opinion of the CourtRussell, C. J.
1. There is no merit in the motion to dismiss the bill of exceptions. As to the first ground of the motion, see Acts of 1911, p. 149; Collins v. State, 12 Ga. App. 635 (77 S. E. 1079); Nobles v. State, 14 Ga. App. 480 (81 S. E. 370). As to the second ground, see Bailey & Carney Buggy Co. v. Guthrie, 1 Ga. App. 350 (58 S. E. 103).
•2. The evidence was wholly insufficient to show an intent to defraud on the ; part of the accused, within the' meaning of section 715 of the Penal Code; and for this reason his conviction was not authorized.
Judgment reversed,.
The defendant’s statement was as…
2Cases cited3 opinions
- Bailey & Carney Buggy Co. v. GuthrieCourt of Appeals of Georgia · 1907
- Collins v. StateCourt of Appeals of Georgia · 1913
- Nobles v. StateCourt of Appeals of Georgia · 1914