Dinkins v. State

Court of Appeals of Georgia

Dinkins v. State

133 S.E. 272, 35 Ga. App. 394, 1926 Ga. App. LEXIS 387

CourtCourt of Appeals of Georgia

DecidedMay 12, 1926

Docket17254

StatusPublished

This text of 133 S.E. 272 (Dinkins 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

Dinkins v. State, 133 S.E. 272, 35 Ga. App. 394, 1926 Ga. App. LEXIS 387 (Ga. Ct. App. 1926).

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Opinion

Luke, J.

Dinkins was convicted of the offense of cheating and swindling, upon two separate indictments, and both cases are here upon the sole assignment of error that his conviction was unauthorized by the evidence. The indictment in this case alleged that the defendant collected a subscription from one C. B. Anderson “with intent to deceive and thereby the said W. A. Dinkins did deceive the said C. B. Anderson out of the sum of one dollar.” There is no evidence in the record that C. B. Anderson was defrauded out of any money by the defendant; and his conviction in this case was unauthorized.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

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Luke, J.

Dinkins was convicted of the offense of cheating and swindling, upon two separate indictments, and both cases are here upon the sole assignment of error that his conviction was unauthorized by the evidence. The indictment in this case alleged that the defendant collected a subscription from one C. B. Anderson “with intent to deceive and thereby the said W. A. Dinkins did deceive the said C. B. Anderson out of the sum of one dollar.” There is no evidence in the record that C. B. Anderson was defrauded out of any money by the defendant; and his conviction in this case was unauthorized.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

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Bluebook (online)

133 S.E. 272, 35 Ga. App. 394, 1926 Ga. App. LEXIS 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dinkins-v-state-gactapp-1926.