Wylie v. State
Supreme Court of Georgia
Indictment for larceny after trust. Before Judge Clark, Fulton superior court. March term, 1895. The indictment charged, that the defendant, having been entrusted by Matilda Gilbert with two bank checks for $75 each, for the purpose of getting them cashed and applying the money to the building of a house for her in Washington, Ga., did get the money on the checks, and fraudulently converted it to Ms own use, and failed and refused to return it to lier on demand made…
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Indictment for larceny after trust. Before Judge Clark, Fulton superior court. March term, 1895. The indictment charged, that the defendant, having been entrusted by Matilda Gilbert with two bank checks for $75 each, for the purpose of getting them cashed and applying the money to the building of a house for her in Washington, Ga., did get the money on the checks, and fraudulently converted it to Ms own use, and failed and refused to return it to lier on demand made therefor. Defendant was found guilty, and moved for a new trial on the general grounds. The motion was overruled, and he…
1Opinion of the CourtSimmons, C. J.
Taking the evidence most favorably for the State’s contention, and the statement of the accused most strongly against him, nothing more was established than that he contracted with the prosecutrix to build for her a house within a stipulated time and at a stated price which she paid to him in advance, and that he really never intended to build the house at all but fraudulently pretended he would do so, for the purpose of obtaining the money and applying it to his own uses. While these facts show great moral turpitude on his part, they do not render him guilty of larceny after trust; and…
2Cited by8 opinions
- Lewis v. StateCourt of Appeals of Georgia · 1915
- Price v. StateCourt of Appeals of Georgia · 1947
- Walker v. StateSupreme Court of Georgia · 1903
- Huff v. StateCourt of Appeals of Georgia · 1949
- Tant v. StateCourt of Appeals of Georgia · 1950
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