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117 Ga. 39

Foster v. State

Supreme Court of Georgia

Decided February 7, 1903

Supreme Court of Georgia · decided 1903-02-07

<p>Accusation of simple larceny. Before Judge Hammond. City •court of Griffin: December 16, 1902.</p>

Relies on Harris v. State

Decided 1903-02-07

:Simmons, C. J.

¶1Where one by false representations induces another to sell him certain personal property on credit, and the sale is completed by delivery and is unconditional, the intention being that the title should pass, there is is no larceny. Kellogg v. State, 26 Ohio St. 16 ; Harris v. State, 81 Ga. 758 ; Clark’s Cr. L. (2d ed.) 290 ; 2 Clark & Marsh. Cr. §318.

¶2 Judgment reversed.

By five Justices.
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