Raiden v. State
| Decision Date | 28 March 1907 |
| Docket Number | (No. 240.) |
| Citation | 1 Ga.App. 532,57 S.E. 989 |
| Parties | RAIDEN v. STATE. |
| Court | Georgia Court of Appeals |
Pen. Code 1895, § 191, makes two kinds of acts criminal: (1) That in which the party fraudulently converts to his own use the money or article intrusted; (2) that in which he other wise disposes of the same without the consent of the owner or bailor, and to his injury, and without paying to such owner or bailor on demand the full market value or market price thereof. In the first kind the crime is complete as soon as the party fraudulently converts the articles to his own use. McCoy v. State, 15 Ga. 211. In the second kind the crime is complete (the other elements being present) when demand is made and the full market value or price is not thereupon paid. Venue for the criminal prosecution lies only in the county where the crime becomes completed in one of the methods above stated.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 18, Embezzlement, §§ 9, 10.]
It appearing that the defendant was intrusted with money in Madison county for a purpose to be performed in that county, and it not appearing that he ever brought any of the same into Clarke county and that demand was made upon him in Madison county, and that in response to such demand he failed to deliver the money or pay the value thereof, he could not legally be tried for the offense in Clarke county, though a subsequent demand and failure to pay occurred in that county.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 220, 223.]
(Syllabus by the Court.)
Error from Superior Court, Clarke County; Cobb, Judge.
One Raiden was convicted of crime, and brings error. Reversed.
George C. Thomas and E. K. Lumpkin, for plaintiff in error.
S. J. Tribble, Sol. Gen., for the State.
POWELL, J. Judgment reversed.
RUSSELL, J., disqualified.
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Innes v. State
...Ga. 205; Soule v. State, 71 Ga. 270." While the learned trial judge was a member of this court, the court, in the case of Raiden v. State, 1 Ga. App. 532, 57 S. E. 989, said: "The Penal Code, § 191 [now section 189], makes two kinds of acts criminal: (1) That in which the party fraudulently......