State v. Jay J. Garfield Building Co.

The defendant was informed against by the county attorney of Pima county for refusing and failing to pay one of its employees the current rate of wage for work on the construction and alteration of a school building' for Tuscon school district No. 1 of Pima county. A jury was waived and the case tried before the court upon a statement of facts stipulated by the parties.

The defendant by motion in the nature of a demurrer moved to dismiss the action on the ground that the admitted facts do not constitute a public offense, although they aptly describe all the acts the statute requires to make…