Mondschein v. State
Supreme Court of Arkansas
ERROR to Perry Circuit Court. A. M. Duffie, Judge. 1. No statutory offense was committed unless the contract was in writing. Mansf. Dig., secs. 4441, 4451. The circuit judge seems to have been misled by the amendment to sec. .4452, by Acts of 1887, p. 108. 2. Statutes creating offenses are strictly construed. Bish., .St. Cr., sec. 220 et seq. 3. The language of the indictment was for enticing, etc., •one under contract to labor, etc.
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ERROR to Perry Circuit Court. A. M. Duffie, Judge. 1. No statutory offense was committed unless the contract was in writing. Mansf. Dig., secs. 4441, 4451. The circuit judge seems to have been misled by the amendment to sec. .4452, by Acts of 1887, p. 108. 2. Statutes creating offenses are strictly construed. Bish., .St. Cr., sec. 220 et seq. 3. The language of the indictment was for enticing, etc., •one under contract to labor, etc. If Johnson was a renter, tenant or share-cropper, there could be no conviction. Johnson must have been a laborer, under contract for a year. It was so alleged…
1Opinion of the CourtHemingway, J.
1. Sufficiency of indictment for enticing away a laborer. The statute which regulates the liens of . laborers and employers makes it a misdemeanor for any y person to wilfully interfere with or 'entice away, or knowingly to employ, or induce to leave his employer or the place rented, any laborer or renter who had contracted as-therein provided, before the expiration of his contract. Mansf. Dig., sec. 4451. The indictment charges that the defendant violated this statute by wilfully enticing away and knowingly employing one under a contract to labor for a year, during the term of the contract.…
2Cited by14 opinions
- State ex rel. Moose v. Kansas City & Memphis Railway & Bridge Co.Supreme Court of Arkansas · 1914
- State ex rel. Attorney General v. TrulockSupreme Court of Arkansas · 1913
- McLaughlin v. FordSupreme Court of Arkansas · 1925
- Whipple v. GorsuchSupreme Court of Arkansas · 1907
- Mann v. LowrySupreme Court of Arkansas · 1957
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