Ryan v. State

Decided January 15, 1872

Supreme Court of Georgia · decided 1872-01-15

<p>(By two judges.) — 1. Where A advances $20 to a laborer on a promise of the latter to work it out, and the laborer afterwards refuses to do so, he is not guilty of the offense of being a common cheat and swindler.</p> <p>2. It is not éncumbent upon the District Attorney to follow cases from that Court into the Supreme Court. (R. See end of Report.) 12th March, 1872.</p>

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Decided 1872-01-15

How this case has been cited

Cited by 16 later decisions — most recently November 1974

16 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Montgomery, Judge.

¶1The 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 *129contract, whereupon prosecutor indicted him for being a common cheat and swindler.

¶2“ 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.

¶3Judgment reversed.