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

Cases that cite this one

4 later published cases cite this decision.

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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.

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