21 Ga. App. 783 | Ga. Ct. App. | 1918
Í. The 4th ground of the motion for a new trial is but an amplification of the general grounds.
3. Under the allegations in the indictment in this case the judge properly based his charge to the jury on section 703, and not on section 719, of the Penal Code of 1910.
3. The court did not err in ruling out the evidence-set forth in the 7th ground of the motion for a new trial, which it was insisted tended to show good faith on the part of the defendant; the evidence ruled out relating to a transaction which had no connection whatever with the one under investigation.
4. The indictment in this ease is based on section 703 of the Penal Code of 1910, and contains all allegations necessary to charge the crime under that section. A part of the indictment is as follows: “Did then and there, unlawfully and with force of arms, falsely and fraudulently represent to E. H. McGee & Co., a partnership composed of E. H. McGee and J. W. McGee, with intent to cheat and defraud the said E. H. McGee & Co., as aforesaid, that he, the said John McNulty, alias John McNelton, had then on deposit in the Kansas State Bank, of Fort Scott, Kansas, the sum of eight ($800.00) hundred dollars and that he had on deposit in another bank at Fort Scott, Kansas, the name of which he did not give, the sum of three ($300.00) dollars, and that he was then and there the owner of one brick drug-store building in Fort Scott, Kansas, all of said statements and representations as to the money in banks and the ownership of the brick store were knowingly and designedly false, and made with the intention to deceive and defraud the said E. H. McGee & Co.,” etc. In the motion for a new trial it was contended that the court erred in not charging the jury that before they would be authorized to convict the defendant, they must believe, from the evidence, that the representations were made with intent to defraud. The trial judge, in charging the jury, read the indictment and quoted to them the substance of section 703, supra, and then said: “It is for you to determine from the evidence, including the prisoner’s statement, whether the defendant is guilty as charged; you consider all of the evidence that has been introduced to you, both that delivered from the stand, as well as the -documentary evidence that you will have out before you, and ascertain from that evidence whether the charge as made in the bill of indictment has been sustained by evidence
5. There was evidence to support the verdict, which was approved by the trial judge, and this court will allow it- to stand.
Judgment affirmed.