4 Ga. App. 789 | Ga. Ct. App. | 1908
J. R. Crawford was tried in tbe city court of Bainbridge, upon an accusation charging Mm, jointly with one J. R. D. Raster, with the offense of cheating and swindling. For a former report of this case, see 117 Ga. 247. The jury returned a verdict of guilty, and the defendant’s motion for new trial was overruled. The accusation was based upon an affidavit made by one Thomas Chason on April 18, 1907, alleging the offense to have been committed on September 22, 1900. The accusation was as follows: “State of Georgia, Decatur County. In the city court of Bainbridge, March term, 1907, held in April of said year. The following accusation is founded upon the foregoing affidavit-
Hpon arraignment the defendant demurred to the accusation, upon the following grounds: (1) That the affidavit on which the accusation is founded charges no crime against these defendants.
The 5th ground of the demurrer complains that the indictment is insufficient because it fails to allege that the shortage of BOO acres of timber land could not have been discovered by reasonable diligence on the part of the prosecutor. Such an allegation may be proper in some cases of cheating and swindling, but it is not indispensable that it should be alleged in every accusation of that odíense. In some cases where one purports to disclose all of the facts, or is under duty to disclose them, there may be no duty on the part of another dealing with him to make any inquiry or to attempt to discover whether the representations being made to liim are true or untrue. To hold, for instance, that one who may have defrauded another by exhibition of written muniments of title (ostensibly genuine) can not be prosecuted criminally unless he who is sought to be defrauded has used all diligence to detect the fraud, and has perhaps in fact prevented it, would be to our minds an unnatural ruling. A citizen has the right to rely, so far as the criminal law is concerned, upon representations made to him by one with whom he deals'which are apparently reasonable and truthful, and he who falsely, fraudulently, and intentionally abuses this confidence, so absolutely necessary to the conduct of commercial transactions, must be made to know that he doe's so at his peril.
A sufficient reply to the objections' raised by the 6th and 7th grounds of the demurrer is that it is not required that the accusation should’ set forth all of the evidence which it may be
In so far as the first portion of the request contained in the 18th ground of the motion is concerned, the principle had already been given to the jury in the instruction which we have quoted above; and the law favorable to the defendant’s defense, that his mistake was an honest one, was equally well presented in the general charge. The court, in the earlier portion of the charge, instructed the jury as follows: “Before you would be