GARDNER, P. J.
The controlling issue here is whether or not the court erred in refusing the defendant's special request to charge, as follows: "I charge you that where a person obtains possession of property by trick or fraud, or under false pretense that he is obtaining it for another person, and is to deliver it to such other person, and so obtains possession with intent to appropriate the property to his own use, and the person from whom such property is obtained...
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