60 Ga. App. 689 | Ga. Ct. App. | 1939
L. E. Eumph was indicted on the charge of “felony,.falsely personating another.” He was found guilty. He filed a motion in arrest of verdict and judgment. The motion was overruled, sentence was pronounced, and he excepted to the overruling of his motion. Omitting the formal parts, the indictment charged that “the said Eumph did falsely represent himself to be E. E. Bartlett an employee of the Southern Waxed Paper Company, and did falsely personate said E. E. Bartlett, in the passing and uttering of a certain check and writing, which was in form and substance as follows: ‘Southern Waxed Paper Co. No. 1033. 840 Woodrow Ave., S. W., Atlanta, Ga. Dec. 31, 193---- Pay to the order of E. E. Bartlett.$63.75. Exactly sixty-three dollars 75 cents dollars. To First National Bank. Southern Waxed Paper Co. . . By B. F. Lacey, Special pay-roll account/ and did fraudulently obtain of G- H. Cochran, twenty-three dollars and seventy-five cents in money of the value of $23.75, and the property of the said G. H. Cochran, with intent to defraud the said G. H. Cochran, . . contrary to the laws of said State, the good order, peace, and dignity thereof.”
The Code, § 26-7406, under which the defendant was charged, declares: “Any person who shall falsely personate another, and thereby fraudulently obtain any money or other thing of value, or with the intention of thereby fraudulently obtaining any money or other valuable thing, shall be deemed a cheat and swindler, and
“If a verdict, when construed with the indictment, does not find the defendant guilty of any offense, the judgment should be ar
Judgment affirmed.