Cross v. State

Stolz, Judge.

Code Ann. § 26-1803, for the violation of which the defendant was convicted, provides as follows: "A person commits theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of said property. A person deceives if he intentionally: ...(e) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection. 'Deceitful means’ and 'artful practice’ do not, however,…