44 Ga. App. 763 | Ga. Ct. App. | 1932
The accused was convicted of cheating and swindling, and excepts to the judgment overruling his motion for a new trial. The indictment charges that on November 27, 1929, the accused fraudulently sold to J. G. Spivey 10 barrels of “weevilnip” (an insecticide used by some cotton growers in combating the boll weevil), at 30 cents per gallon, and 26 barrels of the same at 32 cents per gallon, agreeing to deliver all of it at once and representing that he then had it ready for delivery, thereby then and there obtaining from Spivey $150 on the purchase-price, and afterwards, on February 14, 1930, obtaining the balance of the purchase-price, $208, without actually having such goods for immediate delivery as he so represented, and intending never to deliver the same, and afterwards failing to deliver the same, to Spivey’s loss and damage in the sum of $258, contrary to the laws, etc. Why Spivey’s loss should be stated as $258, instead of $358, does not appear from the indictment.
Under the evidence, the controlling question is: Was Ray’s rep
Judgment reversed.