Dorsey v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Pike. Tried before the Hon. Wm. H. Parks. The appellant was tried and convicted under a prosecution which was commenced by a complaint before a justice of the peace, in which it was recited as follows : “Personally appeared I. F. Whitehead, who, being duly sworn, deposeth and saith on osith, that he has probable cause for believing and does believe that the offense of obtaining money under false pretense by entering into a written contract…
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Appeal from the Criminal Court of Pike. Tried before the Hon. Wm. H. Parks. The appellant was tried and convicted under a prosecution which was commenced by a complaint before a justice of the peace, in which it was recited as follows : “Personally appeared I. F. Whitehead, who, being duly sworn, deposeth and saith on osith, that he has probable cause for believing and does believe that the offense of obtaining money under false pretense by entering into a written contract to perform labor and failing or refusing to perform said labor and with intent to injure and defraud, affiant, has been…
1Opinion of the CourtHead, J.
While section 4204 of the Code authorizes the misdemeanor, for which a warrant is sued out, to be designated, in the sworn complaint, “by name, or by some other phrase which, in common parlance, designates it,” yet, it requires, when the offense has been committed on the person or property of another, that the name- of the person injured be stated.
The statute (Code, § 8812), under which the conviction was had in this case provides that, “Any person, who with intent to injure or defraud his employer, enters into a contract in writing for the performance of any act or service, and thereby…
2Cases cited2 opinions
- Williams v. StateSupreme Court of Alabama · 1889
- Bell v. StateSupreme Court of Alabama · 1883
3Cited by4 opinions
- Goolsby v. StateSupreme Court of Alabama · 1925
- Rose v. StateSupreme Court of Alabama · 1897
- Bailey v. StateSupreme Court of Alabama · 1908
- Goolsby v. StateAlabama Court of Appeals · 1925