Albert v. State

• Court: Georgia Court of Appeals
• Writing for the Court: HILL
• Citation: Albert v. State, 11 Ga.App. 93, 74 S.E. 714 (Ga. App. 1912)
• Decision Date: 16 April 1912
• Docket Number: (No. 4,071.)
• Parties: ALBERT. v. STATE.

74 S.E. 714

(11 Ga.App. 93)

ALBERT.

v.STATE.

(No. 4, 071.)

Court of Appeals of Georgia.

April 16, 1912.

(Syllabus by the Court.)

False Pretenses (§ 14*)—Fraudulent Representations—Evidence.

A representation, although false and fraudulent, and made with intent to cheat and defraud, does not constitute the statutory of fense of cheating and swindling, unless the person to whom the representation was made was in fact cheated and defrauded thereby. Construed by the foregoing legal rule, the accusation failed to show the commission of any offense, and the demurrer should have been sustained.

[Ed. Note.—For other cases, see False Pretenses, Cent. Dig. § 14; Dec. Dig. § 14.*]

Error from City Court of Fitzgerald; E. Wall, Judge.

Wade Albert was convicted of swindling, and brings error. Reversed.

Biking & Wall, of Fitzgerald, for plaintiff in error.

A. J. McDonald, Sol., of Fitzgerald, for the State.

HILL, C. J. Wade Albert was convicted in the city court of Fitzgerald on an accusation charging him with the offense of cheating and swindling. The accusation charged that, "with intent to cheat and defraud the Josey Shoe & Clothing Company, the said Wade Albert did falsely and fraudulently represent to E. E. Roach, a member of the partnership firm of the Josey Shoe & Clothing Company, that he did not owe anything on a certain gold watch then in his possession, and that he owed nothing to the commissary of the receivers of the Atlanta, Birmingham & Atlantic Railway Company, and did then and there, by said false and fraudulent representation, induce said E. E. Roach, a member of the partnership firm of the Josey Shoe & Clothing Company, to sell to him, the said Wade Albert, the following merchandise, to wit: 1 pr. shoes of the value of $4, one pr. sox of the value of 25 cents, one pair of pants of the value of $5, one hat of the value of $5, one pr. gloves of the value of $1, aggregating $15.25, the said representation being wholly false, and having been made falsely and fraudulently and with intent to deceive, and did deceive, the said E. E. Roach, a member of the partnership firm of the Josey Shoe & Clothing Company, and the said Roach having relied upon the said false and fraudulent representations as being true, and, upon the faith of said false and fraudulent representation, sold to the said Wade Albert the aforesaid merchandise for the total sum of $15.25, and was thereby defrauded and cheated in the sum of $15.25, all to the loss and damage of the said Josey Shoe...