Legal Opinion

Hilliard v. State

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 1 opinion

Attica u from tin* Circuit Court of Pike. Tried before the IIon. John P. Hubbard. TIio appeal in this- case is prosecuted from a judgment of conviction of the appellant, Lon Hilliard, on a trial under an indictment, which ivas in words and figures as follows: “The grand jury of said county charge-that before the finding of this indictment, Lon Hilliard with the intent to injure or defraud Wiley Chancellor, his employer', entered into a contract in writing for the performance…

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Attica u from tin* Circuit Court of Pike. Tried before the IIon. John P. Hubbard. TIio appeal in this- case is prosecuted from a judgment of conviction of the appellant, Lon Hilliard, on a trial under an indictment, which ivas in words and figures as follows: “The grand jury of said county charge-that before the finding of this indictment, Lon Hilliard with the intent to injure or defraud Wiley Chancellor, his employer', entered into a contract in writing for the performance of an act or service, and thereby obtained sixi y dollars in money, the personal property of the said Wilov Chancellor,…

1Opinion of the CourtTyson, J.

The indictment attempts to charge an offense under section 4730 of the Code. That statute is: “'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 obtains money or other personal property from such employer and with like intent and without just cause and without refunding such money or paying for such property, refuses io perform such act or service, must on conviction he punished as if he had stolen it.” We have italicized the words of the statute in order that the defect in the indictment may…

2Cases cited1 opinion

  1. McIntosh v. StateSupreme Court of Alabama · 1897

3Cited by1 opinion

  1. Talley v. StateAlabama Court of Appeals · 1915

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