Cheek v. State

Court of Appeals of Georgia

Cheek v. State

81 S.E. 586, 14 Ga. App. 536, 1914 Ga. App. LEXIS 366

CourtCourt of Appeals of Georgia

DecidedApril 30, 1914

Docket5573

StatusPublished

This text of 81 S.E. 586 (Cheek v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cheek v. State, 81 S.E. 586, 14 Ga. App. 536, 1914 Ga. App. LEXIS 366 (Ga. Ct. App. 1914).

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Opinion

Roan, J.

1. There was no error in overruling the demurrer. If it was necessary to allege that the prosecutor sustained loss, this requirement was complied with by the allegation that he was “cheated and defrauded” in a named sum. The words “cheated and defrauded,” by necessary implication, assert loss.

2. The assignments of error as to the admission of certain testimony to which objection was made depend wholly upon the point raised by the demurrer, and are without merit.

3. The evidence authorized the verdict, and there was no error in refusing a new trial. Judgment affirmed.

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Roan, J.

1. There was no error in overruling the demurrer. If it was necessary to allege that the prosecutor sustained loss, this requirement was complied with by the allegation that he was “cheated and defrauded” in a named sum. The words “cheated and defrauded,” by necessary implication, assert loss.

2. The assignments of error as to the admission of certain testimony to which objection was made depend wholly upon the point raised by the demurrer, and are without merit.

3. The evidence authorized the verdict, and there was no error in refusing a new trial. Judgment affirmed.

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Bluebook (online)

81 S.E. 586, 14 Ga. App. 536, 1914 Ga. App. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheek-v-state-gactapp-1914.