French v. State

Court of Appeals of Georgia

French v. State

61 S.E. 836, 4 Ga. App. 462, 1908 Ga. App. LEXIS 444

CourtCourt of Appeals of Georgia

DecidedJune 18, 1908

Docket1205

StatusPublished

Cited by6 cases

This text of 61 S.E. 836 (French 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

French v. State, 61 S.E. 836, 4 Ga. App. 462, 1908 Ga. App. LEXIS 444 (Ga. Ct. App. 1908).

Pincite

Opinion

Powell, J.

Under the Penal Code, § 669, “Any person who shall, in the sale or disposing of any property, either real or personal, defraud another by falsely representing that such property is not subject to any lien,' knowing the same to be subject thereto, . . shall be punished as for misdemeanor.” Where the State shows that the defendant knowingly sold the prosecutor a parcel of real estate upon which a binding common-law execution had been levied, and expressly informed him that there was no lien thereon, a conviction may be sustained, although the prosecutor has not paid off the execution. The incumbrance upon the property, caused by the existence of the lien, effects such damage upon the prosecutor as to make the act criminal. In the ease at bar the evidence justified the verdict of guilty rendered against the accused.

Judgment affirmed.

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Powell, J.

Under the Penal Code, § 669, “Any person who shall, in the sale or disposing of any property, either real or personal, defraud another by falsely representing that such property is not subject to any lien,' knowing the same to be subject thereto, . . shall be punished as for misdemeanor.” Where the State shows that the defendant knowingly sold the prosecutor a parcel of real estate upon which a binding common-law execution had been levied, and expressly informed him that there was no lien thereon, a conviction may be sustained, although the prosecutor has not paid off the execution. The incumbrance upon the property, caused by the existence of the lien, effects such damage upon the prosecutor as to make the act criminal. In the ease at bar the evidence justified the verdict of guilty rendered against the accused.

Judgment affirmed.

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Bluebook (online)

61 S.E. 836, 4 Ga. App. 462, 1908 Ga. App. LEXIS 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/french-v-state-gactapp-1908.

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