9 Ga. App. 424 | Ga. Ct. App. | 1911
The plaintiffs in error were convicted in the county court of Greene county on an indictment charging them with the offense of cheating and swindling. Their petition for certiorari was sanctioned by the judge of the superior court, and on the hearing was overruled. To the latter judgment they excepted.
The indictment (omitting formal parts) charges, that the plaintiffs in error “did falsely and fraudulently, and with intent to defraud Greensboro Co-operative Creamery. Company, represent to said Greensboro. Co-operative Creamery Company, and to T. C. Crawford, president of said company, that they were stockholders
Without extending further the discussion on this line (as we deem it unprofitable), we are clear that, under the broad language of the statute of this State under which this indictment was framed, it is not subject to a demurrer on the ground stated. Section 719 of the Penal Code (1910) provides that “any person using, any deceitful means or artful practice, other than those which are mentioned in this code, by which an individual, or a firm, or a corporation, or the public is defrauded and cheated, shall be punished as for a misdemeanor.” Now, this indictment'alleges
The only question that remains for consideration is: Was the Greensboro Co-operative Creamery Company defrauded and cheated by these false and fraudulent representations made by the defendants, which induced it to turn over its plant and property to them? Unquestionably the Greensboro Co-operative Creamery Company was deprived of the use of its property for several months, and this was a thing of value. The individual losses of the stockholders of the Greensboro Co-operative Creamery Company, in failing to get pay for the milk which they had furnished to Morse at Greensboro, can not be called the losses of the Greensboro Co-operative Creamery Company, although the contract contemplated that the Eigbers Ice Cream Company was to take the milk of these stockholders and pay for it; but the property of the Greensboro Co-operative Creamery Company was delivered into the possession of Morse and Eigbers at Greensboro in pursuance of this contract, which their false and fraudulent representations had induced, and the use of it
The testimony which it is insisted the judge illegally admitted, we think, was admissible, not only as illustrating the purpose of the defendants in making the representations which induced the making of the contract, but also as illustrating the financial condition of the Rigbers Ice Cream Company. The evidence objected to was clearly a part of the res gestae of the transaction.
Judgment affirmed.