MARSHALL, Judge.
Appellant was charged on a two-count indictment with false swearing (Ga. L. 1968, pp. 1249, 1310 (Code Ann. § 26-2402)) and theft by deception (Ga. L. 1968, pp. 1249, 1290 (Code Ann. § 26-1803 (a)). The indictment was based on a business transaction wherein appellant contracted to sell his nightclub to one Mitchell for $20,000. Mitchell paid $10,000 down and began operating the club, but the sale was never completed because appellant failed...
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