
    Foster v. The State.
    Argued January 19,—
    Decided February 7, 1903.
    Accusation of simple larceny. Before Judge Hammond. City •court of Griffin: December 16, 1902.
    
      Thomas W. Thurman, for plaintiff in error.
    
      J. B. Boyd, solicitor, and O. H. P. Slaton, contra.
   :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.  