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Cheek v. State

Cheek v. State, 81 S.E. 586 (Ga. Ct. App. 1914)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
April 30, 1914
Docket
No. 5573
Judges
Roan
Citations
81 S.E. 58614 Ga. App. 5361914 Ga. App. LEXIS 366
Summary
Accusation of cheating and swindling; from city court of Houston county — Judge Biley. February 9, 1914.

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

Opinion of the Court — Roan

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Roan, J.

1. There was no error in overruling the demurrer. If it was necessary to allege that the prosecutor sustained loss, this requirement was complied with by the allegation that he was “cheated and defrauded” in a named sum. The words “cheated and defrauded,” by necessary implication, assert loss.

2. The assignments of error as to the admission of certain testimony to which objection was made depend wholly upon the point raised by the demurrer, and are without merit.

3. The evidence authorized the verdict, and there was no error in refusing a new trial. Judgment affirmed.

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