99 Ga. 207 | Ga. | 1896
1. The offense of being a common cheat and swindler is not committed by making false and fraudulent representations for the purpose of inducing another to contract, -and by means of which the latter is defrauded, when such representations, whether in the form of a promise or in any other form, are mere statements of what the person who makes them deems the future will bring forth. -To -be the basis of a prosecution for-this offense, the false representations must relate either to the-past or to the present. 2 Bish. New Crim. Law, §240; 2 Russ. Cr. (6th ed.) 511 et seq.; 7 Am. & Eng. Enc. of Law, 714. And see. Ryan v. State, 45 Ga. 128; Ratteree v. State, 77 Ga. 774.
2. Accordingly,' to knowingly, falsely and fraudulently represent that a cow would give three gallons of milk per day, for the purpose of inducing another to buy her, is not an indictable ■offense. In Parks v. State, 94 Ga. 601, the representations as to the cow. related to her then present milk-yielding capacity.
S. The court erred in overruling the demurrer to the accusation.
Judgment T&WTSed,