113 Ga. 1035 | Ga. | 1901
Dickerson was placed on trial upon an accusation charging him with the offense of cheating and swindling, it being alleged that by deceitful means and artful practices he had cheated and defrauded Siller Smith out of the sum of seventy-five cents. At the trial it appeared from the evidence that he represented to her that he was the agent of an association organized for the pur
False representations to be the basis of a prosecution for cheating and swindling must relate either to the past or to the present. Any promise or statement as to what may occur in the future, however false, will not serve as a basis for such a prosecution, for the reason that the promise is not a pretense. Holton v. State, 109 Ga. 129, and cases cited. If there has been a false representation as to a past or existing fact, the offense of cheating and swindling is complete, notwithstanding there may have heen, as a part of the inducement to the person defrauded to part with his money, a promise by the swindler to be performed in the future. Thomas v. State, 90 Ga. 437. In the present case there was evidence that there was such an association as is referred to in the accusation, and the constitution and by-laws of the association were produced. It •appeared that the representations in reference to the organization, its business and purposes, were true. The only representation proved to have been false was the statement by the accused that the money would be sent to Vaughn to be used by bim in furthering the passage of the bill which had been introduced in the Senate of the United States, providing pensions for former slaves. This statement amounted to nothing more or less than a promise by Dickerson to forward the amount paid to him to Vaughn to be used by him for the purpose indicated. No representation as to any past or existing fact was contained in this statement. It related exclusively to what was to be done in the future. This being true, and •all of the other representations made by the accused having been
Judgment reversed.