15 Ga. App. 452 | Ga. Ct. App. | 1914
1. When one, by using any deceitful means or artful practice other than those specifically mentioned in the Penal Code, obtains the money or goods of another, the offense defined in section 719 of the Penal Code of 1910 is complete as soon as the owner of the money or goods is thus deprived of his property. Lowe v. State, 111 Ga. 650 (36 S. E. 856). “The offense of obtaining property by false pretenses is complete when the property is obtained.” 12 Am. & Eng. Enc. Law (2d ed.), 835 (7).
2. In an indictment for the offense of cheating and swindling by obtaining property through false and fraudulent statements, the ownership of the property thus obtained and the name of the person cheated and defrauded should be stated; and the proof in support of these essential allegations must be in strict conformity therewith, or the variance will be fatal. O’Neal v. State, 10 Ga. App. 474 (73 S. E. 696).
3. An allegation in an accusation of cheating and swindling that the person cheated and defrauded was J. L. Seymour was not supported by proof that the goods alleged to have been fraudulently obtained by the defendant -were obtained from S. Parham & Co., on the false representation made to them by the defendant that J. L. Seymour had instructed her to obtain certain goods from them, to be charged to his account, and that afterwards Seymour paid his account to S. Parham & Co., including the goods so obtained by the defendant, and thereby sustained loss by reason of the fact that he was never repaid the amount so paid to S. Parham & Co. The crime was complete when the defendant obtained the goods; and the subsequent act of Seymour in making good what would otherwise have been a loss to S. Parham & Co., notwithstanding he made the payment in ignorance of the manner in which the defendant had obtained the goods, did not have the legal effect of relating back to the time when the act of cheating and swindling was fully accomplished, and of making him the person defrauded. See O’Neal v. State, supra.
Judgment reversed.