Stallworth v. State
Supreme Court of Alabama
Appeal from Monroe County Court. Heard before Hon. I. B. Slaughter. Will Stallworth was convicted of obtaining board by fraud, and he appeals. Omitting the formal part, the affidavit charges that one Fountain, being duly sworn, says that he has probable cause for believing and does believe that Will Stall-worth did, by fraud or misrepresentation, obtain board from J. N. Gillis, and failed or refused to pay for the same in said county, within the past 12 months, etc.
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Appeal from Monroe County Court. Heard before Hon. I. B. Slaughter. Will Stallworth was convicted of obtaining board by fraud, and he appeals. Omitting the formal part, the affidavit charges that one Fountain, being duly sworn, says that he has probable cause for believing and does believe that Will Stall-worth did, by fraud or misrepresentation, obtain board from J. N. Gillis, and failed or refused to pay for the same in said county, within the past 12 months, etc. The demurrers to the affidavit are as follows: “The complaint fails to set out a very necessary, as well as essential, averment,…
1Opinion of the CourtDowdell, J.
— The prosecution in this case was commenced on affidavit and warrant before the county court of Monroe county. The statute under which the prosecution was had (section 6934 of the Code of 1907) is as follows: “Any person who, by fraud or misrepresentation, obtains board or lodging from the landlord, proprietor, or keeper of anv hotel or boarding house, and fails or refuses to pay for the same, must, on con*5viction, be fined not more than five hundred dollars, and may also be sentenced to hard labor for the county for not longer than six months.” To constitute the offense denounced by the…
2Cases cited2 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- McGee v. StateSupreme Court of Alabama · 1896
3Cited by1 opinion
- Cottonreeder v. StateCourt of Criminal Appeals of Alabama · 1980