Brown v. State
Brown v. State
Opinion of the Court
Appellant Brown was charged with violating the conditions of his probation by committing the offenses of forgery, fraudulent use of credit cards and possessing stolen credit cards. All the violations charged are based upon Brown’s alleged unauthorized use of another’s oil company credit card.
At the hearing W. M. Willis testified on behalf of the State that Brown purchased from him two tires of the value of $25; that in payment Brown presented to him a Shell credit card bearing the name C. M. Campbell; and that Brown signed the name C. M. Campbell to the credit voucher. An F.B.I. agent testified for the State that he had talked with Brown about
Since there is no evidence whatsoever that Willis, Shell Oil Company or Campbell had been defrauded, and the State’s only evidence as to the use of the card was that appellant asserted that he had permission to use it, we are unable to agree to the State’s contention that appellant unlawfully used the credit card in violation of forgery statutes or of Ga. L. 1960, p. 1113 (“Crimes arising from fraudulent use of credit cards”) (Code Ann. § 26-2814). Jordan v. State, 127 Ga. 278 (56 SE 422), and Timmons v. State, 80 Ga. 216 (4 SE 766), cited by the State, do not require a different result.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.