Jackson v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. . The indictment against the defendant was found under section 3812 of the Criminal Code of 1886, charging the defendant with obtaining seven 50-100 dollars in money, and was presented in open court on March 2, 1894. The defendant pleaded a special plea, in which he set up that the contract referred to in the indictment was entered into on April 10, 1892, and the money obtained thereon was…
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Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. . The indictment against the defendant was found under section 3812 of the Criminal Code of 1886, charging the defendant with obtaining seven 50-100 dollars in money, and was presented in open court on March 2, 1894. The defendant pleaded a special plea, in which he set up that the contract referred to in the indictment was entered into on April 10, 1892, and the money obtained thereon was then obtained, and that as the indictment was not preferred until March 2, 1894, a period of more than one year, the…
1Opinion of the CourtBrickell, C. J.
— The question of importance presented by the record is, whether the prosecution, was barred by the statute of limitations, at the time of the finding of the indictment. The offense charged in the indictment is that created by the statute, (Cr. Code, § 3812) — the entering into a contract in writing for the performance of any act or service with the intent to injure or defraud the employer, thereby obtaining money or other personal property from the employer, and without refunding the money or restoring the property, and without just cause, and with the like intent, refusing to perform the…
2Cited by3 opinions
- Griffin v. StateSupreme Court of Alabama · 1977
- Carnathan v. StateAlabama Court of Appeals · 1922
- Hulsey v. StateCourt of Criminal Appeals of Alabama · 2015