Davis v. State
| Decision Date | 14 June 1921 |
| Docket Number | 12407. |
| Citation | 107 S.E. 883,27 Ga.App. 195 |
| Parties | DAVIS v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
An accusation drawn under Pen. Code 1910, § 719, sets forth an offense thereunder, where it shows that the owner of property of value was induced by deceitful means and artful practices to part with the possession thereof, and was thereby defrauded and cheated. Morse v. State, 9 Ga.App. 424 (2), 71 S.E. 699. Under this ruling, the accusation in the instant case set forth an offense under the laws of this state, and the court did not err either in overruling the general demurrer interposed or in denying the motion to arrest the judgment.
The sequestration of witnesses is a matter in the sound discretion of the court, and it does not appear in this case that the court abused its discretion in allowing, over the objections of the defendant, a witness for the state to remain in the courtroom during the trial, and to testify in rebuttal after the defendant had made her statement and rested her case.
Upon a trial for cheating and swindling by false and fraudulent representations, the burden is upon the state to prove, among other things, that the one charged to have been cheated and defrauded relied upon the alleged false and fraudulent representations, and was thereby induced to part with his property.
Error from City Court of Cairo; L. W. Rigsby, Judge.
Mrs S.W. Davis was convicted of cheating and swindling, and she brings error. Reversed.
Titus & Dekle, of Thomasville, and M. L. Ledford, of Cairo, for plaintiff in error.
Ira Carlisle, Sol., and S. P. Cain, both of Cairo, for the State.
We desire to briefly discuss the third headnote. Mrs. S.W. Davis was charged with procuring from Dr. W. A. Walker four weeks' nursing and hospital expenses of her son, of the value of $104, by knowingly, falsely, and fraudulently representing to Dr. Walker, before the expenses began, that she and her husband were ready and prepared to pay them and would pay them as soon as they were determined. Upon the trial the following undisputed facts were shown:
Dr Walker, the prosecutor, was a practicing physician in Cairo Ga., and owned a private hospital located there. Mrs. Davis the defendant, resided in Thomasville, Ga. A minor son of Mrs. Davis, while in Cairo, was suddenly stricken with an acute and serious attack of appendicitis, and was sent by another physician to Dr. Walker's hospital, and that physician notified Dr. Walker, about 3 o'clock one morning, that it was an emergency case that needed an immediate operation. Dr. Walker went to the hospital and was preparing to operate upon the patient, when Mrs. Davis, who had been telephoned of her son's serious condition and who had hurried over from Thomasville, arrived at the hospital and was shown into the operating room.
In addition to the undisputed...
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