Ager v. State

Ager v. State, 58 S.E. 374 (Ga. Ct. App. 1907)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: June 17, 1907
Docket: No. 482
Judges: Powell
Citations: 58 S.E. 3742 Ga. App. 1581907 Ga. App. LEXIS 303

Cited by 9

Summary

Accusation of cheating and swindling, from city court of Americus—Judge Crisp. April 15, 1907.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Powell

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Powell, J.

1. The name “Amerieus Furniture & Undertaking Company” connotes a corporation; an allegation, in a criminal accusation, that this company is a corporation, is surplusage and. need not be proved. The admission of secondary evidence tending to prove such allegation is therefore harmless error, where the corporate entity has not been put in issue. Crawford v. State, 68 Ga. 822 ; Mattox v. State, 115 Ga. 221 , 41 S. E. 700 ; Alsobrook v. State, 126 Ga. 102 , 54 S. E. 805 .

Accusation of cheating and swindling, from city court of Americus—Judge Crisp. April 15, 1907. Submitted May 27, Decided June 17, 1907. Howell B. Simmons, for plaintiff in error. Zach. Childers, solicitor, contra.

' 2. In a case of cheating and swindling, to give in charge to the jury-section 31 of the Penal Code, without more, is not sufficient compliance with a written request to charge that “intention is an essential ingredient, and it must be proved beyond a reasonable doubt, and, before you will be authorized to convict, it must appear that it was the intention of the defendant at the time to cheat and defraud the prosecutor.” Crawford v. State, 117 Ca. 251, 252, 43 S. E. 762 ; Mulkey v. State, 1 Ga. App. 521 , 57 S. E. 1022 .

3. Ho other error appears. Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

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State Appellate Courts9

Relies on it most ⓘ

Robinson v. State65 S.E. 792 (Ga. Ct. App. 1909)
Henley v. State2 S.E.2d 139 (Ga. Ct. App. 1939) · Dissent
Minchew v. Nahunta Lumber Co.62 S.E. 716 (Ga. Ct. App. 1908)
Carter v. Spiegel, May Stern Co.166 S.E. 34 (Ga. Ct. App. 1932)
Foley & Williams Manufacturing Co. v. Bell & Harrell61 S.E. 856 (Ga. Ct. App. 1908)
Hornsby v. State175 S.E. 400 (Ga. Ct. App. 1934)

Most recent

Hill v. State161 S.E.2d 917 (Ga. Ct. App. 1968)
Bush v. State160 S.E.2d 456 (Ga. Ct. App. 1968)
King v. State63 S.E.2d 292 (Ga. Ct. App. 1951)
Henley v. State2 S.E.2d 139 (Ga. Ct. App. 1939) · Dissent
Hornsby v. State175 S.E. 400 (Ga. Ct. App. 1934)
Carter v. Spiegel, May Stern Co.166 S.E. 34 (Ga. Ct. App. 1932)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Mulkey v. State, 57 S.E. 1022 (Ga. Ct. App. 1907)	31
	Alsobrook v. State, 54 S.E. 805 (Ga. 1906)	12
	Mattox v. State, 41 S.E. 709 (Ga. 1902)	39
	Crawford v. State, 43 S.E. 762 (Ga. 1903)	20
	Crawford v. State, 68 Ga. 822 (1882)	9

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