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LINDSEY v. STATE

39820.

107 Ga. App. 112 (1962)

129 S.E.2d 395

LINDSEY v. THE STATE.

Court of Appeals of Georgia.

Decided December 5, 1962.

Attorney(s) appearing for the Case

Sumner & Boatright, J. Laddie Boatright, for plaintiff in error.

W. H. White, Solicitor, contra.

FRANKUM, Judge.

"`One essential element in the offense of cheating and swindling by false representations is that the representations must relate to an existing fact or past event. A representation, even though false and fraudulent, relating to the future can not be the basis of a prosecution for cheating and swindling. Ryan v. State, 45 Ga. 128; Miller v. State, 99 Ga. 207 (25 SE 169); Dickerson v. State, 113 Ga. 1035 (39 SE 426); Edge v....

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