Cohen v. State
Cohen v. State
Opinion of the Court
1. This case is related closely to Cohen v. State, ante. In that case a ruling on the demurrers and the motion to quash the indictment is authority for sustaining the judge's ruling in regard to the demurrers and the motion to quash in the instant case. The trial judge did not err in the rulings on these points.
2. Special ground 1 assigns error on practically the same ground as covered in special ground 2 in that case, to which reference is made above. There is no merit to the assignment of error set out in special ground 1.
4. The evidence in this case shows that the defendant made false statements to George Com to the effect that Continental Underwriters, Inc., was a solvent corporation and that the stock of -said corporation was well worth the sum of $24 per share. By such false statements and untrue financial statement, as well as other circumstances involved herein, the ,said George Com was induced to furnish to the defendant a large order of electric appliances and other merchandise to be given as prizes to the 250 stock salesmen employed by the corporation. The merchandise furnished by Mr. Com is set out in the bill of indictment. The evidence developed the fact that Continental Underwriters, Inc., was an insolvent corporation without true value and that this fact was well known to Mr. Cohen and his agents but that the said George Com believed the statements and parted with things of value because of such statements. There is sufficient competent evidence to show that all the elements involved in the crime of cheating and swindling were present. The special grounds are not meritorious.
The court did not err in any of the rulings made.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.