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Ryan v. State

45 Ga. 128
Supreme Court of Georgia·Decided January 15, 1872·Published·Cited by 18 cases

Opinion

Montgomery, Judge.

The plaintiff in error in this case, represented to the prosecutor, that if he would let him have $20 he would come and work it out with him. The prosecutor let him have the money, and prisoner refused to comply with his [129] contract, whereupon prosecutor indicted him for being a common cheat and swindler.

“ A pretence that a party would do an act which he did not mean to do, (as a pretence that he would pay for goods on delivery) was holden not to be a false pretence:” 2d Russell on Crimes, (5th Am. Ed.) 289. The present case comes within the principle quoted.

Judgment reversed.

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Ryan v. State, 45 Ga. 128 (Ga. 1872).

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