Supreme Court of Georgia, 1903

Foster v. State

Foster v. State
Supreme Court of Georgia · Decided February 7, 1903 · Simmons
117 Ga. 39; 43 S.E. 421; 1903 Ga. LEXIS 143

Foster v. State

Opinion of the Court

:Simmons, C. J.

Where 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.

Judgment reversed.

By five Justices.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.