Davis v. State
Davis v. State
Opinion of the Court
Davis appeals from a judgment of conviction and sentence on five counts of larceny after trust. Held:
1. The enumerations, excluding the seventh, eighth, and ninth, raise questions included in the motion for new trial, as amended, which the trial court overruled on all grounds. This order, unappealed from, is the law of the case and precludes further consideration of these issues as a basis for reversible error. Hill v. Willis, 224 Ga. 263, 268 (161 SE2d 281); Crowley v. State, 118 Ga. App. 7 (162 SE2d 299); Staggers v. State, 118 Ga. App. 97.
2. The gist of each offense charged against the defendant and others is the conversion of a deposit paid to a corporation pursuant to a contract engaging the services of the corporation to obtain loan commitments under stated terms and conditions within a stipulated period, and providing for a return of the deposit, less certain expenses, upon the failure of the corporation to furnish the commitment. The State offered, and the trial court allowed, proof of other transactions, to show scheme, intent, and method of operation. During the proof of one of these transactions, and in the course of questioning a witness for the State on re-direct examination, concerning his actions with respect to a photocopy of a commitment in evidence which the witness had admitted recovering, counsel for the defendant objected to the line of questioning. Counsel
3. The ninth enumeration, in which error is asserted on the admission in evidence of a cashier’s check for $2,900, is without merit. The check was clearly identified as a cashier’s check received in exchange for a payment made by check forming the basis for the first count of the indictment, which was not deposited to the account of the corporation and which the defendant negotiated.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.