Salter v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Pike. Tried before the Hon. E. B. Wilicekson. This was a prosecution under section 3832 of 'the Criminal Code of 1886, for the failure of the appellant, Mose Salter, to perform a contract with his sureties who confessed judgment for the defendant for fine and costs in a certain case in which the defendant was' convicted of a misdemeanor. The prosecution was commenced by a complaint which was made before the judge of the Criminal Court.
Read the full summary
Appeal from the Criminal Court of Pike. Tried before the Hon. E. B. Wilicekson. This was a prosecution under section 3832 of 'the Criminal Code of 1886, for the failure of the appellant, Mose Salter, to perform a contract with his sureties who confessed judgment for the defendant for fine and costs in a certain case in which the defendant was' convicted of a misdemeanor. The prosecution was commenced by a complaint which was made before the judge of the Criminal Court. The contract which was made at the time of the confession of judgment with Sharpless Bros., and which was signed by the…
1Opinion of the CourtHead, J.
From a careful reading of section 3832 of the Code of 1886, which constitutes the failure of a party, under certain circumstances, to perform his contract with another who has confessed judgment for a fine and costs ■ imposed on him, a criminal offense, we are satisfied that it is essential to the creation of the offense that the contract define with reasonable certainty the particular act or service undertaken to be performed. The language of the statute material to the point is, that “Any defendant who * * * * agrees to do any act or perform any service for such person, and who fails or…
2Cases cited2 opinions
- Giles v. StateSupreme Court of Alabama · 1889
- Shepherd v. StateSupreme Court of Alabama · 1895
3Cited by1 opinion
- Askew v. StateSupreme Court of Alabama · 1908